Of  TH€ 

(   UNIVERSITY  J 

OF 


SKETCHES  OF  DEBATE 


IN-  TIIK 


:1  uiuni 

1789-90-91, 


WILLIAM  MACLAY, 

A  Senator  from,  Pennsylvania. 


EDITED  HY  GEORGE  W.  HARRIS, 

of  Httrnsburg,  Pn., 
Compiler  of  Harris'  Report*  of  the  Supreme  Court  of  Pennsylvania. 


HARRISBtTKG: 

LANK    S.     IIAliT     VR1NTKH    AND    HINDER, 


£r<> 


[Copyrighted,  1880.] 


A  Brief  Report  made  by  1he  Librarian  of  Congress 
upon  Maclay's  Journal,  3  vo/s. 


THE  Journal  of  WILLIAM  M  ACL  AY,  a  Senator  in  Congress  from 
the  State  of  Pennsylvania,  covers  a  period  of  about  two  years,  viz  : 
From  April  24,  1789,  to  March  3,  1791.  Its  chief  value  consists  in 
the  fact  that  it  records  with  some  fullness,  the  proceedings  of  the 
first  Senate  organized  under  the  Constitution,  and  at  a  period  when 
the  sessions  were  held  with  closed  doors.  It  is  well  known  that  no 
report  of  the  debates  in  the  Senate  exists  for  the  period  embraced 
by  the  1st  to  the  5th  Congress  inclusive.  During  the  ten  years  from 
1789  to  1799,  only  a  bare  outline  of  the  business  transacted  is  found 
in  the  Annals  of  Congress,  or  elsewhere,  altho'  the  debates  in  the 
House  of  Representatives  were  reported  with  considerable  fullness. 
The  few  notices  of  the  business  and  debates  in  the  Senate  during 
•this  period,  preserved  in  the  published  writings  of  JOHN  ADAMS, 
JEFFERSON,  MADISON,  WALCOTT,  and  others,  are  of  high  interest  and 
value.  Yet  in  none  of  them  is  there  any  continuous  journal  pur- 
porting to  give  a  record  of  the  debates  in  the  Senate.  This  vacuum 
is  to  a  certain  extent  supplied  by  this  MS.  Journal  of  Senator 
M  ACL  AY.  Although  not  a  formal  report  of  debates,  as  to  the 
language  used,  it  gives  the  sentiments  expressed  by  the  leading 
speakers  on  both  sides,  on  most  of  the  important  questions  dis- 
cussed at  length.  Among  these  were  the  questions  of  the  official 
title  for  the  President  of  the  U.  S.,  the  power  of  removal  from  office, 
the  doctrine  of  a  protective  tariff,  the  location  of  the  permanent 
seat  of  Government,  the  jurisdiction  of  the  Federal  Courts,  etc. 

Besides  these,  the  Journal  contains  Mr.  MACLAY'S  account  of  the 
inauguration  of  President  WASHINGTON  at  N.  Y.  in  1789,  of  various 
Presidential  dinners  and  state  ceremonies  in  the  early  days  of  the 
Government,  and  some  criticisms -of  the  President}  Vice  President 
ADAMS,  and  other  public  men  of  the  time.  As  a  whole,  this  MS. 
record,  which  has  never  been  published,  would  add  a  contribution 
of  considerable  interest  and  value  to  the  stores  of  information  we 
possess  regarding  the  early  politics  of  the  country.  The  period  it 
embraces,  covering  as  it  does  the  very  origin  of  the  Government 
under  the  Constitution,  is  continually  enhanced  in  interest  with  the 
growth  of  the  historical  sprit  in  the  country. 

A.  R.  SPOFFORD. 

Presented  to  Committee  on  the  Libra^,  Washington,  March,  1869. 


21  f  > 
...     fc  O  O 


MEMOKANDA. 


In  December,  1858,  or  in  the  early  part  of  January,  1859,  Mr.  Breckenridge, 
Vice  President,  delivered  an  address  to  the  Senate  when  it  was  about  taking 
possession,  or  had  taken  possession,  of  its  new  hall. 

In  the  course  of  this  he  observed :  "  At  the  origin  of  the  Government,  the 
Senate  seemed  to  be  regarded  chiefly  as  an  executive  council.  The  President 
often  visited  the  Chamber  and  conferred  personally  with  this  body.  Most  of 
its  business  was  transacted  with  closed  doors,  and  it  took  comparatively  little 
part  in  the  legislative  debates.  The  rising  and  vigorous  intellects  of  the  coun- 
try sought  the  arena  of  the  House  of  Representatives  as  the  appropriate  thea- 
ter for  the  display  of  their  powers,"  &c. 

Now,  it  appears  from  the  journal  of  Mr.  Maclay,  that  there  was  debated  in 
the  Senate  the  question  of  titles  to  the  President  and  Vice  President ;  the 
question  whether  nominations  by  the  President  were  to  be  acted  011  by  ballot 
or  viva  voce ;  the  question  whether  the  President  had  the  sole  power  to  re- 
move from  office ;  the  tariff  bill ;  debate  as  to  the  seat  of  government ;  the  ju- 
diciary bill,  and  other  matters. 

The  members  of  the  first  Senate  were  not  men  of  inferior  minds,  and  a  num- 
ber of  them  were  of  distinguished  ability.  Was  it  a  reasonable  supposition 
that  they  would  pass  upon  the  important  subjects  submitted  to  their  consid- 
eration without  discussion ;  and  is  it  not  reasonable  now  to  entertain  a  desire 
to  know  something  of  their  action  writhin  the  Chamber  of  the  Senate,  at  the 
organization  of  the  Government,  when  the  constitution  was  being  put  into 
action  ? 

The  members  of  the  Senate  were  as  follows : 

From  New  Hampshire— John  Langdon*,  Paine  Wingate  ;  Massachusetts- 
Caleb  Strong*,  Tristram  Dalton;  Connecticut— Oliver  Ellsworth*,  William 
S.  Johnson* ;  New  York— Rufus  King*,  Philip  Schuyler  ;  New  Jersey— Wil- 
liam Paterson*,  Jonathan  Elmer;  Pennsylvania — William  Maclay,  Robert 
Morris*;  Delaware— Richard  Bassett*,  George  Read*;  Maryland— Charles 
Carroll,  John  Henry ;  Virginia— Richard  Henry  Lee,  William  Grayson ; 
South  Carolina— Ralph  Izard,  Pierce  Butler*  ;  Georgia— William  Few*,  James 
Gunn. 

North  Carolina  and  Rhode  Island  not  having  adopted  the  Constitution,  had 
no  members  in  the  Senate  during  the  first  session,  but  subsequently,  from 
North  Carolina  appeared  Samuel  Johnston  and  Benjamin  Hawkins ;  from 
Rhode  Island  appeared  Theodore  Foster  and  Joseph  Stanton  ;  from  New  Jer- 
sey, Philemon  Dickinson  appeared  in  place  of  Mr.  Paterson ;  and  from  Vir- 
ginia, James  Monroe,  in  place  of  William  Grayson,  deceased. 

Those  above  named  marked  *  were  members  of  the  convention  which  framed 
the  constitution  of  the  United  States. 

Further,  it  was  not  customary  or  usual  in  the  President  to  visit  the  Senate 
Chamber  to  confer  with  Senators  relative  to  legislation.  He  visited  the  Cham- 
ber in  August,  1789,  in  relation  to  arrangements  with  northern  Indians ;  but 
as  to  no  other  deliberative  business  before  the  Senate.  As  to  the  occasion  of 
his  being  there  in  August,  1789,  and  for  further  particulars  on  that  occasion, 
see  the  statement  of  Mr.  Maclay. 


PREFACE. 


By  act  of  the  old  Congress,  the  first  Congress  under  the  consti- 
tution was  to  convene  in  the  city  of  New  York  on  the  4th  of  March, 

1789.  A  quorum  of  the  Senate  did  not  meet  till  the  6th  of  April, 
on  which  day  the  election  of  General  Washington,  as  President,  and 
John  Adams,  as  Vice  President,  was  announced,  the  former  by  an 
unanimous  vote,  sixty-nine  being  the  whole  number ;  Mr.  Adams 
by  a  plurality  vote,  he  receiving  thirty-four  votes,  and  the  residue 
of  the  sixty-nine  being  distributed  between  ten  other  persons  ;  and 
messengers  were  appointed  to  inform  General  Washington  and  Mr. 
Adams  of  their  election. 

The  names  of  the  members  at  the  first  session  of  the  Senate  will 
appear  at  the  beginning  of  the  journal. 

The  first  Congress  held  three  sessions.  The  first  commenced  at 
the  city  of  New  York  on  the  4th  of  March,  IT 89,  and  terminated 
on  the  29th  of  September  of  that  year.  The  second  one  was  held 
at  the  same  place,  commencing  on  the  first  Monday  of  January, 

1790,  and  terminated  on  the  12th  day  of  August  of  that  year.    The 
third  session  was  held  at  Philadelphia,  commencing  on  the  first 
Monday  of  December,  1790,  and  terminating  on  the  3d  of  Margh, 
1791. 

During  those  three  sessions,  William  Maclay  and  Robert  Morris 
were  the  Senators  from  Pennsylvania.  In  the  classification  of  the 
Senate,  William  Maclay  fell  within  the  first  class,  his  term  expiring 
on  the  4th  of  March,  1791,  and  he  was  not  reflected.  His  place  was 
not  supplied  during  the  first  session  of  the  second  Congress,  but 
during  the  second  session,  viz  :  On  the  28th  of  February,  1792, 
Albert  Gallatin  was  elected  to  fill  the  vacanc}-.  He  was  sworn,  and 
took  his  seat,  on  the  meeting  of  Congress  in  December,  1793,  but, 
subsequently,  he  was  declared  to  be  ineligible  for  want  of  citizen- 
ship for  nine  years,  as  required  by  the  third  section  of  the  first 
article  of  the  constitution,  and  the  vacancy  was  not  supplied  until 
James  Ross  was  elected,  the  certificate  of  his  election  being  sub- 
mitted to  the  Senate  on  the  2d  of  April,  1794.  He  took  his  seat 
on  the  24th  of  that  month 


vi  PREFACE. 

During  the  revolutionary  war,  the  Congress  sat  with  closed  doors. 
Such  was  also  the  case  during  the  sessions  of  the  convention  which 
formed  our  national  constitution.  When  the  first  Congress  held 
under  that  constitution  convened,  the  doors  of  the  House  of  Repre- 
sentatives were  opened,  but  the  Senate  directed  their  doors  to  be 
kept  closed,  and  were  closed,  except  during  the  debate  on  the 
question  of  admitting  Mr.  Gallatin,  when  they  were  opened.  The 
doors  of  the  Senate  were  kept  closed  until  the  year  1T94.  Motions 
to  have  them  opened  were  several  times  made,  and  negatived ;  but 
on  20th  of  February,  1T94,  it  was  resolved  that  after  the  end  of 
that  session  the  galleries  of  the  Senate  should  be  opened  whilst  the 
Senate  was  engaged  in  its  legislative  capacity,  unless  in  such  cases 
as  may  in  the  opinion  of  the  Senate  require  secrecy. 

In  December,  1858,  or  January,  1859,  when  the  Senate  were  about 
to  remove  from  their  old  to  their  present  Hall,  Mr.  Breckenridge, 
then  Yice  President,  delivered  to  it  an  address,  in  the  course  of 
which  he  remarked,  (See  Congressional  Globe  of  January  24, 1859  :) 
"At  the  origin  of  the  Government,  the  Senate  seemed  to  be  regarded 
chiefly  as  an  executive  council.  The  President  often  visited  the 
Chamber,  and  conferred  personally  with  this  body.  Most  of  its 
business  was  transacted  with  closed  doors,  and  it  took  comparatively 
little  part  in  the  legislative  debates.  The  rising  and  vigorous  intel- 
lects of  the  country  sought  the  arena  of  the  House  of  Represent- 
atives, as  the  appropriate  theater  for  the  display  of  their  powers." 

It  will  appear  hereafter  that  this  statement  was  very  erroneous. 
President  Washington  never  visited  the  Senate  for  consultation, 
during  its  session,  except  on  one  occasion,  that  relating  to  a  treaty 
with  southern  Indians,  an  account  of  which  visit  will  hereinafter 
appear ;  and  it  will  also  appear  that  important  questions  which 
were  debated  in  the  House  were  also  debated  in  the  Senate.  It  was 
not  reasonable  to  suppose  that  the  distinguished  men  who  then 
occupied  positions  in  the  Senate  would  suffer  such  important  ques- 
tions as  were  acted  on  in  that  body  to  pass  without  discussion. 
Mr.  Breckenridge  had  not  the  information  on  the  subject  which  we 
now  possess. 

Mr.  Maclay,  of  Pennsylvania,  it  would  appear,  in  part  from  the 
supposition  that  he  might  be  called  on  for  information,  in  relation 
to  proceedings  in  the  Senate,  and  quite  probably  in  the  expectation 
that  he  might  be  a  candidate  for  reelection,  kept  a  journal;  but  it 
was  not  kept  with  a  view  to  its  publication.  From  this  journal  it 
appears  that  debates  in  the  Senate  were  earnest  and  diffuse,  refer- 
ring, amongst  other  matters,  to  the  following  subjects,  viz :  the 
communication  between  the  two  Houses ;  the  question  of  titles ; 


PREFACE.  vii 

the  mode  of  voting  in  the  Senate,  whether  by  ballot  or  viva  voce, 
on  nominations  by  the  President ;  whether  the  President  had  the 
sole  power  to  remove  from  office ;  on  the  first  bill  imposing  duties 
on  the  importation  of  foreign  goods ;  the  organization  of  the  judi- 
ciary ;  the  permanent  seat  of  the  General  Government ;  the  funding 
bill ;  and  other  questions  of  national  interest.  Observations  of  Mr. 
Maclay,  and  memoranda  of  occurrences  noted  by  him,  are  inter- 
spersed throughout  the  journal,  which  may  give  additional  interest 
to  it. 

In  the  third  volume  of  the  Life  and  Works  of  John  Adams, 
pages  408-413,  there  is  a  sketch  of  a  debate  in  the  Senate  on  the 
power  of  removal  from  office,  and  of  one  on  the  bill  relating  to  the 
permanent  seat  of  the  General  Government ;  but  they  are  brief  and 
of  a  very  general  character  ;  the  name  of  Mr.  Maclay  being  entirely 
omitted  in  the  first  sketch,  and  but  a  few  words  being  devoted  to 
him  in  the  other.  In  the  History  of  the  United  States,  by  S.  C. 
Hamilton,  in  note  on  page  560  of  the  third  volume,  is  the  following 
note  :  "Are  we,"  Adams  observed  in  the  Senate,  "  the  two  kings  of 
Sparta,  the  two  consuls  of  Rome,  or  the  two  suffetes  of  Carthage  ?' 
The  compiler  of  this  volume  made  several  efforts  to  ascertain  from 
what  source  these  remarks  were  obtained,  but  without  effect. 

The  Writer  of  the  Journal. 

Mr.  Maclay  is  not  as  generally  known  throughout  Pennsylvania 
as  he  should  be.  In  Lauman's  Biography  of  Members  of  the  U.  S. 
Senate,  he  is  briefly  noticed  as  follows  :  "  He  was  a  Senator  in  Con- 
gress from  Pennsylvania,  from  1789  to  1791.  In  1797  he  was  a 
presidential  elector,  and  was  one  of  those  who  voted  for  locating 
the  seat  of  government  on  the  Potomac." 

The  following  remarks,  together  with  his  journal,  will  give  him 
wider  celebrity :  He  was  a  native  of  Franklin  county,  in  this  State, 
was  born  on  the  20th  of  July,  1737,  and  was  of  Scotch-Irish  descent. 
He  was  the  son  of  Charles  Maclay,  who,  with  his  brother,  John 
Maclay,  emigrated  from  the  north  of  Ireland,  and  settled  in  Frank- 
lin county,  Pennsylvania.  One  of  the  family  was  killed  in  the  battle 
of  the  Boyne,  fighting  on  the  side  of  King  James.  The  grandfather 
and  father  of  William  Maclay  were  Protestants ;  and  he  was  a  Pres- 
byterian. He  was  married  to  a  daughter  of  John  Harris,  the  founder 
of  Ilarrisburg,  and  in  the  latter  part  of  his  life  resided  within  the 
present  limits  of  Ilarrisburg,  where  he  built  the  stone  house  on 
Front  street,  on  or  near  the  lower  line  of  his  propert}T.  He  died 
in  the  year  1804.  He  was,  in  early  life,  a  member  of  the  bar,  having 
been  admitted  to  the  bar  in  York  county,  in  April,  I860,  though  he 


viii  PREFACE. 

probably  never  practiced  in  that  county ;  and  it  appears,  from  a 
letter  of  John  Penn,  in  1763,  that  Mr.  Maclay  had  practiced  law, 
and  had  acted  for  the  prothonotary,  in  Cumberland  county.  The 
court-house  in  Carlisle  having  been  burned,  information  as  to  his 
admission  to  the  bar  of  that  county,  and  practice  there,  cannot  be 
obtained.  Mr.  Maclay  was  also  a  surveyor;  and  in  the  year  IT 63 
he  visited  England,  and  had  an  interview  with  Thomas  Penn,  one 
of  the  proprietaries  of  the  Province,  relative  to  employment  in 
making  surveys  in  middle  and  northern  Pennsylvania. 

The  county  of  Northumberland,  in  Pennsylvania,  was  organized 
in  1772,  and  in  March,  1712,  he  was  appointed,  with  William  Plunket, 
to  whom  he  was  related  through  marriage,  to  administer  the  oaths 
of  office  to  the  judges  and  other  officers  in  that  coimly  ;  and  in  the 
same  year  he  was  appointed  by  Richard  Penn,  acting  under  a  com- 
mission from  Thomas  and  John  Penn,  the  proprietaries,  clerk  of  the 
sessions  of  that  county,  and  also  register  for  the  probate  of  wills 
in  that  county.  He  also  had  an  appointment  as  deputy  survej^or 
of  lands  within  the  Indian  purchase  of  1754;  and  in  1785  he  was 
appointed  by  John  Lukens,  Surveyor  General,  deputy  surveyor  of 
lands  then  lately  purchased  from  the  Indians,  in  the  district  extend- 
ing from  the  upper  end  of  the  first  narrows  on  Lycoming  creek,  to 
the  northern  boundary  of  the  State  of  Pennsylvania.  As  to  his 
character  as  a  surveyor,  Judge  Huston,  one  of  the  judges  of  the 
Supreme  Court  of  Pennsylvania,  in  his  book  on  the  history  and 
nature  of  land  titles  in  Pennsylvania,  remarks  that  when  he  was 
admitted  to  the  bar,  which  was  in  1795,  no  law  book  of  decisions 
of  the  courts  in  this  State  had  been  published,  except  the  first  vol- 
ume of  Dallas'  Reports ;  that  he  became  acquainted  with  several 
persons  who  had  been  deputy  surveyors,  both  under  the  proprietary 
and  State  government,  and  he  mentions,  particularly,  William  Maclay, 
from  whom  he  observes  that  he  acquired  more  information  in  rela- 
tion to  land  titles  than  from  any  other  one,  perhaps,  from  all  others 
whom  he  had  previously  consulted.  As  to  his  character  as  a  man, 
I  have  a  paper  signed  by  several  aged  citizens  of  Harrisburg,  who 
state  that  they  were  personally  acquainted  with  William  Macla}^ 
then  of  Harrisburg,  who  had  been  a  member  of  the  first  Senate  of 
the  United  States,  and  that,  "  from  the  high  character  for  intelligence 
and  integrity  which  he  possessed  in  this  community,  we  consider 
that  any  statement  as  to  fact  on  his  journal,  kept  whilst  he  was  a 
member  of  the  first  Senate  of  the  United  States,  and  made  on  his 
own  observation  and  knowledge,  is  entitled  to  credit." 

Mr.  Maclay  was  a  member  of  the  State  Legislature  in  1781,  and 
in  September,  1788,  was  elected  a  Senator  of  the  United  States,  in 


PREFACE.  ix 

conjunction  with  Robert  Morris.  After  the  expiration  of  his  terra 
in  the  Senate,  viz :  in  the  year  1795-6,  he  was  member  of  the  Penn- 
sylvania House  of  Representatives,  and  was  again  elected  in  1803. 
He  was  a  presidential  elector  in  1796,  and  in  1801-2-3,  he  was  an 
associate  judge  of  Dauphin  county. 

It  also  appears  that  in  the  }rear  1758  he  served  as  lieutenant  in 
the  company  of  Captain  John  Montgomery,  in  an  expedition  to  re- 
cover Fort  Duquesne,  at  the  present  site  of  Pittsburgh ;  but  the 
enemy  had  left  before  the  troops  arrived  there.  , 

Mr.  Maclay  was  a  man  of  strict  integrity,  of  positive  opinions ; 
having  implicit  confidence  in  his  own  honesty  and  judgment,  he  was 
inclined  to  be  suspicious  of  the  integrity  of  others,  whose  senti- 
ments or  action  in  matters  of  importance,  differed  from  his  own, 
and  his  journal  is  evidence  of  the  strength  of  his  intellect.  Various 
of  his  opinions  on  public  matters  agitated  in  his  day,  would  not  be 
approved  of  now ;  and  if  he  were  now  alive,  enjoying  the  lights  of 
our  experience,  it  is  probable  would  not  be  entertained  by  him. 
But  it  will  be  seen,  in  the  course  of  his  journal,  that  he  had  the 
manliness  and  honesty  to  express  them,  at  the  hazard  of  his  influ- 
ence and  popularity,  a  virtue  not  possessed  by  all  of  the  public  men 
of  .our  day. 

As  respects  his  personal  appearance,  Mr.  Maclay  is  said  to  have 
been  six  feet  three  inches  in  height,  and  stout  and  muscular.  His 
complexion  was  light,  and  his  hair,  in  middle  age,  appears  to  have 
been  brown,  and  was  worn  tied  behind,  or  clubbed.  On  the  first 
page  of  a  book  of  surveys  of  land  belonging  to  him,  of  which  he 
had  large  bodies,  is  a  statement  of  his  marriage,  and  of  the  dates 
of  the  birth  of  his  children,  which  terminates  in  the  following  beauti- 
ful expression  :  "  As  to  our  three  dear,  departed  babes,  Faith,  Hope, 
and  Charity,  too,  must  conspire  to  place  them  in  celestial  mansions, 
and  their  names,  of  course,  will  be  found  in  the  registry  of 
Heaven." 

He  was  in  advance  of  public  sentiment  in  Pennsylvania,  on  the 
subject  of  imprisonment  for  debt,  an  essay,  by  him,  in  favor  of  its 
abolition,  being  left  among  his  papers. 

He  was  very  decidedly  opposed  to  bestowing  on  the  President 
and  Vice  President,  any  other  title  than  that  given  in  the  Consti- 
tution. 

The  matter  of  titles  was  suggested  b}T  Mr.  Adams,  on  the  second 
day  after  his  installation.  Mr.  Maclay  attacked  the  proposition  at 
once,  resting  his  objections  on  the  Constitution.  lie  was  instru- 
mental in  defeating  the  measure  in  the  House,  which,  after  deciding 
against  titles,  addressed  the  President,  as  suggested  by  Mr.  Maclay, 


x  PREFACE. 

by  his  constitutional  title.  Thus,  in  effect,  settling  the  question 
between  the  Houses,  as  the  Senate  at  length  pursued  the  same 
course. 

It  is  intimated  in  the  life  of  General  Peter  Muhlenberg,  pages 
315-318,  that  General  Washington  was  in  favor  of  an  additional 
title  to  be  bestowed  on  the  President,  and  that  he  was  supposed  to 
favor  that  of  High  Mightiness,  a  title  applied  to  the  Stadtholders 
of  Holland.  This  opinion  of  Mr.  Muhlenburg,  was  grounded  merely 
on  an  inference  on  his  part ;  for  on  the  occasion  referred  to,  Gen- 
eral Washington  expressed  no  opinion  on  the  subject.  In  a  letter 
of  General  Washington's,  to  Doctor  Stuart,  of  Yirginia,  written  in 
July,  1189,  and  published  in  the  tenth  volume  of  Sparks'  publica- 
tions, it  is  stated  by  him  that  he  was  opposed  to  an  additional  title  ; 
and  he  further  stated  that  the  truth  is,  the  question  was  moved  be- 
fore I  arrived,  (at  New  York,)  without  any  privity  or  knowledge 
on  my  part,  and  urged,  after  I  was  apprised  of  it,  contrary  to  my 
opinion.  (See  note  as  to  his  letter.) 

In  the  fourth  volume  of  the  life  of  Washington,  by  Washington 
Irving,  it  is  stated  that  Washington  was  opposed  to  conferring  on 
the  President  an  additional  title  ;  but  it  is  added,  that  the  inaugu- 
ration was  delayed  on  account  of  the  difficulty  or  contention  on  the 
subject.  This  is  a  mistake.  See  the  subject  of  titles  treated  of  in 
the  journal. 

It  may  be  remarked  that  the  letter  of  Mr.  Adams,  written  in 
January,  1192,  and  printed  in  the  eighth  volume  of  his  works 
pages  512-13,  presents  but  a  partial  view  of  his  course  on  the  sub- 
ject of  titles.  It  does  not  appear  that  the  opinion  of  General 
Washington  in  opposition  to  titles  was  generally  known  in  the  Sen- 
ate whilst  the  matter  was  pending  before  the  Senate ;  for  after  the 
debate  in  that  body  was  concluded,  Mr.  Maclay  made  a  memoran- 
dum to  the  effect  that  he  had  endeavored  to  ascertain  the  sentiments 
of  the  President  on  the  subject,  but  had  not  succeeded. 

Mr.  Maclay  felt  a  strong  desire  to  have  the  seat  of  government 
on  the  Susquehanna.  This  measure  appears  to  have  failed  in  the 

NOTE.— It  is  to  be  lamented  that  he  (meaning  Mr.  Adams)  and  some  others 
have  stirred  a  question  which  has  given  rise  to  so  much  animadversion,  and 
which,  I  confess,  has  given  me  much  uneasiness,  lest  it  should  be  supposed 
by  some,  unacquainted  with  facts,  that  the  object  they  had  in  view  was 
not  displeasing  to  me.  The  truth  is,  the  question  was  moved  before  I  arrived, 
without  any  privity  or  knowledge  of  it  on  my  part,  and  urged,  after  I  was 
apprized  of  it,  contrary  to  my  opinion ;  for  I  foresaw  and  predicted  the  re- 
ception it  has  met  with,  and  the  use  that  would  be  made  of  it  by  the  adver- 
saries of  the  Government.  Happily,  this  matter  is  now  done  with,  I  hope 
never  to  be  revived. 


PREFACE.  xi 

Senate  by  reason  of  opposition  by  Robert  Morris.  lie  was  at  first 
desirous  for  its  location  at  the  Falls  of  the  Delaware  ;  but  failing  in 
that,  he  endeavored  to  have  it  established  in  a  district  around  Ger- 
mantown,  contending  that  it  ought  to  be  near  to  a  commercial  place. 
The  Susquehanna  measure  passed  the  House  of  Representatives 
and  was  agreed  to  in  the  Senate,  but  Germantown  was  afterwards 
substituted  in  the  Senate,  through  the  pertinaceous  efforts  of  Mr. 
Morris.  It  was  agreed  to  in  the  House,  but  at  the  instance  of  Mr. 
Madison  an  amendment,  perhaps  immaterial,  was  made  in  the  House, 
providing  for  the  operation  of  the  laws  of  Pennsylvania  in  the  dis- 
trict until  supplied  or  altered  by  Congress.  This  amendment  ren- 
dered necessary  the  return  of  the  bill  to  the  Senate,  where,  it  would 
appear,  there  was  a  majority  opposed  to  Germantown;  and  on  the 
28th  of  September,  1789,  the  bill  was  postponed. 

In  relation  to  this  measure,  Mr.  Macla}r  raised  his  warning  voice 
against  yielding  the  Susquehanna,  intimating  that  at  the  next  ses- 
sion of  Congress  the  seat  of  government  would  be  fixed  on  the 
Potomac.  His  voice  was  prophetic  ;  and  at  the  next  session,  through 
an  arrangement  between  Mr.  Hamilton  and  certain  members  from 
Virginia  and  Pennsylvania,  the  funding  bill  was  passed,  and  also 
the  bill  fixing  the  permanent  seat  of  government  in  the  District  of 
Columbia.  It  does  not  certainly  appear  from  the  journal  of  Mr. 
Maclay  that  General  Washington,  as  has  been  elsewhere  intimated, 
interposed  his  influence  in  favor  of  the  Potomac  whilst  the  bill  was 
pending  before  the  first  Congress ;  but  it  is  not  improbable  that  he 
expressed  a  preference  for  its  location  on  the  Potomac  during  the 
second  session.  Mr.  Madison,  however,  appears  to  have  been  decided 
in  favor  of  its  location  on  the  Potomac,  before  General  Washington 
was  inaugurated.  In  relation  to  members  from  Pennsylvania  sup- 
porting the  measure  which  passed  for  the  removal  from  New  York, 
it  was  said  that  certain  of  them  supposed  it  probable,  if  the 
Government  were  settled  at  Philadelphia  for  the  period  of  ten 
years,  that  Congress  would  be  so  pleased  with  the  city  as  to  be 
disinclined  to  remove  from  it.  It  may  also  be  remarked  that  if 
Mr.  Morris  had  acceded  to  the  vote  in  favor  of  locating  the  seat  of 
Government  on  the  Susquehanna,  after  the  designating  of  that 
position  by  a  majority  vote  in  both  Houses,  it  would  probably  have 
received  the  official  approval  of  the  President.  And  if  Mr.  Maclay 
had  agreed  to  Germantown  as  its  seat,  it  might  have  been  carried 
by  his  vote  and  influence  after  the  return  of  the  bill,  with  the  amend- 
ment made  on  motion  of  Mr.  Madison.  Thus  it  is  probable  that 
Pennsylvania  lost  the  permanent  seat  through  the  disagreement 
between  her  Senators.  Harrisburg  was  not  formally  proposed  in 


xii  PREFACE. 

the  Senate  as  the  permanent  seat  by  Mr.  Macla}r,  but  it  was  most 
probably  much  desired  by  him  for  its  position,  he  having  there 
about  one  hundred  and  eighty  acres  of  land,  on  part  of  which  the 
present  State  Capitol  is  now  built. 

The  first  bill  passed  by  the  Senate  related  to  the  administration 
of  oaths. 

The  second  bill  introduced  into  Congress  was  a  bill  for  levying 
imposts  on  imported  goods.  It  is  stated  by  Mr.  Benton,  in  his 
abridgment  of  the  debates  of  Congress,  that  Congress  in  its  passage 
of  that  act  had  no  positive  reference  to  the  encouragement  of  do- 
mestic manufactures ;  that  the  object  of  Congress  was  revenue 
only,  and  that  the  encouragement  of  manufactures  was  merely  in- 
cidental to  the  revenue  object.  Let  the  matter  be  examined.  The 
subject  of  the  collection  of  duties  on  foreign  importations  was  in- 
troduced into  the  House  of  Representatives  by  Mr.  Madison  on  the 
8th  of  April,  1189.  The  bill  eventually  agreed  on  was  passed  in  the 
House  on  the  16th  of  May,  and  was  received  in  the  Senate  on  the 
18th  of  that  month,  and  was  passed  by  that  body  on  the  llth  of  June, 
with  amendments.  Under  that  date,  after  the  action  of  the  Senate 
on  that  bill,  Mr.  Maclay  made  the  following  memorandum  :  "  The 
Senators  from  Jersey,  Pennsylvania,  Delaware,  and  Maryland  in 
every  act  seemed  desirous  of  making  the  impost  productive,  both 
as  to  revenue  and  effective /or  the  encouragement  of  manufactures; 
and  seemed  to  consider  the  whole  of  the  impost  (salt  excepted) 
much  too  low.  Articles  of  luxury  many  of  them  would  have  raised 
one  half.  But  the  members  both  from  the  North  and — still  more 
particularly  from  the  South,  were  ever  in  a  flame  when  any  articles 
were  brought  forward  that  were  in  any  considerable  use  among 
them." 

It  will  also  appear  from  the  extract  of  debates  in  the  House  of 
Representatives  that  a  majority  of  the  House  were  favorable  to  the 
encouragement  and  protection  of  such  establishments. 

As  to  Protection. 

On  the  8th  April,  IT 89,  Mr.  Madison  introduced  into  the  House 
of  Representatives  a  proposition  declaring  it  as  the  opinion  of  the 
Committee  of  the  Whole  that  duties  should  be  laid  on  certain  im- 
portations, viz  :  On  rum  and  other  spirituous  liquors  ;  on  molasses; 
on  wines,  a  specific  duty  per  gallon  ;  on  teas  ;  on  pepper  ;  on  sugar ; 
on  cocoa  and  coffee,  a  specific  duty  per  pound ;  and  on  all  other 
articles  a  per  centum  duty  on  their  value  at  the  time  and  place  of 
importation. 


PREFACE.  xiii 

The  object  of  the  measure  was  revenue  only,  and  it  was  to  be  of 
a  merely  temporary  character,  and  was  intended  to  affect  the  spring 
importations. 

After  he  and  others  had  addressed  the  House,  Mr.  Fitzsimmons, 
of  Pennsylvania,  remarked  that  he  observed  from  what  had  been 
said  that  the  proposed  plan  of  revenue  is  viewed  by  them  as  a  tem- 
porary system,  to  be  continued  only  until  proper  materials  are 
brought  forward,  and  arranged  in  more  perfect  form.  But  that  he 
carried  his  views  on  the  subject  much  further,  and  earnestly  wished 
such  a  one  as,  in  its  operation,  would  be  in  some  way  adequate  to 
the  present  situation  as  respects  our  agriculture ,  our  manufactures, 
and  our  commerce.  lie  offered  an  amendment  that  duties  ought  to 
be  imposed  on  certain  enumerated  articles,  including  beer,  ale,  porter, 
steel,  writing  and  wrapping  paper,  castings  of  iron,  and  on  slit  or 
rolled  iron. 

After  others  had  spoken,  Mr.  Madison  remarked  that  from  what 
had  been  suggested  he  was  led  to  apprehend  that  they  should  be 
under  the  necessity  of  traveling  further  into  the  investigation  of 
principles  than  he  had  supposed  to  be  necessary,  and  had  in  con- 
templation, when  he  offered  the  propositions  to  the  House 

He  perceived  that  however  much  we  may  be  disposed  to  promote 
domestic  manufactures,  we  ought  to  pay  some  regard  to  the  present 
policy  of  obtaining  revenue.  It  may  be  remarked,  also,  that  by  fix- 
ing on  a  temporary  expedient  for  this  purpose,  we  may  gain  more 
than  we  shall  lose  by  suspending  the  consideration  of  the  other 
subjects  until  we  obtain  fuller  information  of  the  state  of  our  man- 
ufactures. He  further  remarked  that  notwithstanding  the  deference 
and  respect  paid  to  the  interests  of  different  sections  of  the  United 
States,  we  must  limit  our  consideration  on  this  head,  and  consider 
the  general  interest  of  the  Union,  for  this  is  as  much  every  gentle- 
man's interest  to  consider  as  is  the  local  or  State  interest ;  and  any 
system  of  impost  that  this  committee  may  adopt  must  be  founded 
on  the  principles  of  mutual  concession.  Gentlemen  will  be  pleased 
to  recollect  that  those  parts  of  the  Union  which  contribute  more 
under  one  system  than  the  others,  are  also  those  parts  more  thinly 
planted,  and  consequently  stand  more  in  need  of  national  protec- 
tion. He  further  observed  that  there  is  another  consideration.  The 
States  that  are  most  advanced  in  population,  and  ripe  for  manufac- 
tures, ought  to  have  their  particular  interests  attended  to,  in  some 
degree.  While  these  States  retained  the  power  of  making  regula- 
tions of  trade,  they  had  the  power  to  protect  and  cherish  such  in. 
stitutions.  By  adopting  the  present  constitution,  they  have  thrown 
the  exercise  of  this  power  into  other  hands.  They  must  have  done 


xiv  PREFACE. 

this  with  an  expectation  that  those  interests  would  not  be  neglected 
here. 

In  the  course  of  the  proceeding  on  the  bill,  Mr.  Lee,  of  Yirginia, 
moved  to  strike  out  the  proposed  duty  on  steel ;  observing  that  the 
consumption  was  very  great,  and  essentially  necessary  to  agricul- 
tural improvements. 

Mr.  Tucker,  of  South  Carolina,  joined  in  this. 

Mr.  Clymer,  of  Pennsylvania,  replied  that  the  manufacture  of 
steel  in  America  was  rather  in  its  infancy ;  but  as  all  the  materials 
necessary  to  make  it  were  the  produce  of  almost  every  State  in  the 
Union,  and  as  the  manufacture  was  already  established  and  attended 
with  considerable  success,  he  deemed  it  prudent  to  emancipate  our 
country  from  the  manacles  in  which  she  was  held  by  foreign  manu- 
facturers. 

Mr.  Madison  thought  the  object  of  selecting  this  article  to  be 
solely  the  encouragement  of  manufacture,  and  not  revenue ;  for  on 
any  other  consideration  it  would  be  more  proper,  as  observed  by 
the  gentleman  from  Carolina,  Mr.  Tucker,  to  give  a  bounty  on  the 
importation.  He  thought  it  best  to  reserve  this  article  to  the  non- 
enumerated  ones,  where  it  would  be  subject  to  a  five  per  cent,  ad 
valorem. 

Mr.  Fitzsimmons  thought  if  gentlemen  would  not  get  rid  of  local 
considerations,  the  committee  would  make  little  progress,  &c.  The 
matter  was  further  debated. 

Mr.  Moore,  from  Virginia,  declared  the  southern  States  well  cal- 
culated for  the  cultivation  of  hemp,  and  from  certain  circumstances 
well  inclined  thereto.  He  conceived  it  the  duty  of  the  committee 
to  pay  as  much  respect  to  the  encouragement  and  protection  of 
husbandry,  (the  most  important  of  all  the  interests  of  the  United 
States,)  as  they  did"  to  manufactures. 

Next,  Mr.  Burke,  of  South  Carolina,  thought  it  proper  to  suggest 
to  the  committee  what  might  be  the  probable  effect  of  the  proposed 
measure  in  the  State  he  represented,  and  the  adjoining  one — Georgia. 
The  staple  products  of  that  part  of  the  Union  were  hardly  worth 
cultivating,  on  account  of  their  fall  in  price.  The  planters  were, 
therefore,  disposed  to  pursue  some  other.  The  lands  are  certainly 
well  adapted  to  the  growth  of  hemp,  and  he  had  no  doubt  but  its 
culture  would  be  practiced  with  attention.  Cotton  is  likewise  in 
contemplation  among  them  ;  and  if  good  seed  could  be  procured,  he 
hoped  it  might  succeed.  But  the  low,  strong,  rich  lands  would  pro- 
duce hemp  in  abundance — many  thousand  tons  even  this  year,  if  it 
was  not  so  late  in  the  season.  He  liked  the  idea  of  laying  a  low 
duty  now,  and  encouraged  against  the  time  when  a  supply  might  be 
had  from  our  own  cultivation. 


PREFACE.  xv 

A  duty  of  six  cents  was  imposed  on  manufactured  tobacco. 
This  was  on  motion  of  Mr.  Sherman ,  who  said  he  thought  the  duty 
ought  to  amount  to  a  prohibition.  On  cotton  a  duty  of  three  cents 
a  pound  was  laid,  and  on  coal  a  duty  of  two  cents  a  bushel  was  im- 
posed. Mr.  Bland,  of  Virginia,  had  moved  three  cents,  observing 
that  the  mines  open  in  Virginia  were  capable  of  supplying  the 
whole  United  States,  and  if  some  restraint  were  laid  upon  the  im- 
portation of  foreign  coal  these  mines  might  be  worked  to  advan- 
tage. He  thought  it  needless  to  insist  upon  the  advantages  result- 
ing from  a  colliery  as  a  supply  for  culinary  and  mechanical  pur- 
poses, and  as  a  nursery  to  train  up  seamen  for  a  navy. 

In  debate  on  May  12,  1T89,  (See  Annals  of  Congress,  vol.  I,  p. 
345,)  in  the  discussion  relative  to  the  duty  on  molasses,  Mr.  Madi- 
son remarked  that  the  long  list  of  enumerated  articles  subject  to 
a  high  duty  were  pretty  generally  for  the  benefit  of  the  manufac- 
turing part  of  the  northern  community.  See  loaf  sugar,  candles, 
cheese,  &c.  He  hoped  gentlemen  would  not  infer  from  this  obser- 
vation that  he  thought  the  encouragement  held  out  by  the  bill  to 
the  manufacturers  improper.  Far  from  it;  he  was  glad  to  see 
their  growing  consequence,  and  was  disposed  to  give  them  every 
aid  in  his  power.  From  this  view  of  the  subject,  he  was  inclined 
to  adhere  to  the  bill,  and  not  make  any  reduction. 

It  thus  appears  that  duties  were  laid  on  importations  of  steel,  hemp, 
tobacco,  and  coal,  for  the  purpose  of  encouraging  their  manufacture 
and  production  in  this  country  ;  and  as  to  the  action  or  opinion  of 
Senators,  reference  is  made  to  the  remarks  of  Mr.  Maclay,  before 
quoted.  And  it  may  be  remarked  that  it  is  declared  in  the  pre- 
amble to  the  act,  that  "  it  is  necessary  for  the  support  of  Govern- 
ment, for  the  discharge  of  tjie'debts  of  the  United  States,  and  the 
encouragement  and  protection  of  manufactures,  that  duties  be 
laid  on  goods,  wares,  and  merchandise  imported." — See  second  vol. 
Annals  of  Congress,  p.  2183. 

It  may  be  further  remarked  that  certain  usages  practiced  in  the 
early  life  of  the  Government,  have  been  changed.  During  the  ad- 
ministration of  Washington  and  of  Mr.  Adams,  the  President  de- 
livered his  message  in  person,  in  the  presence  of  Congress,  and 
members  of  each  of  the  Houses  returned  its  address  by  waiting 
on  the  President  in  carriages.  This  practice  was  spoken  against  by 
Mr.  Maclay,  and  it  is  now  discontinued.  The  message  of  the  Presi- 
dent is  sent  to  Congress,  and  referred  to  committees. 

The  constitution  providing  that  Congress  shall  have  power  "  to 
lay  and  collect  taxes,  duties,  imposts,  and  excises  to  pay  the  debts 
and  provide  for  the  common  defense  and  general  welfare  of  the 


xvi  PREFACE. 

United  States,"  a  question  has  arisen  whether  Congress  had  the 
power  to  appropriate  portions  of  the  money  thus  collected  to  pro- 
mote what,  in  the  discretion  of  Congress,  was  considered  the  promo- 
tion of  the  general  welfare. 

Mr.  Hamilton  supported  the  affirmative  of  the  proposition  in  his 
celebrated  report  on  manufactures,  submitted  to  the  House  of  Rep- 
resentatives, in  December,  1791.  See  Annals  of  Congress.  This  view 
was  earnestly  combatted  by  Mr.  Jefferson. 

Mr.  Bayard,  of  Delaware,  in  April,  1874,  called  the  same  clause 
into  requisition  in  support  of  an  appropriation  by  Congress  for  the 
Centennial  Exhibition,  in  which  he  declared  that  the  preamble  to 
the  Constitution  declares  that  "to  provide  for  the  common  defense 
and  general  welfare,"  was  one  of  the  objects  of  creating  the  Gov- 
ernment ;  that  he  considered  that  the  plain  words  of  the  clause  should 
not  be  stripped  of  all  natural  meaning,  and  denied  all  effect ;  but 
that  they  do  contain  a  grant  of  power,  and  impose  the  duty  of  its 
execution — not  an  unlimited,  distinct,  independent  power,  but  like 
all  other  grants  in  the  Constitution — a  qualified  power,  checked  and 
balanced  by  other  provisions,  together  with  which  it  is  to  be  con- 
strued. 

Mr.  Thurman  combatted  this  construction  of  the  constitution, 
but  the  Senate  passed  a  bill  for  an  advance  of  money  in  support  of 
the  exhibition,  with  a  provision  that  the  amount  of  the  appropria- 
tion or  a  portion  of  it,  be  returned  to  the  national  treasury. 

In  the  preamble  to  the  constitution  it  is  declared  that  "  We,  the 
people  of  the  United  States,  in  order  to  form  a  more  perfect  union, 
establish  justice,  insure  domestic  tranquillity,  provide  for  the  com- 
mon defense,  promote  the  general  welfare,  and  secure  the  blessings 
of  liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish 
this  constitution  for  the  United  States  of  America." 

Whilst  politicians  have  been  contending  as  to  whether  the  Con- 
stitution authorized  the  Government  to  sustain  and  protect  domestic 
manufactures,  the  people  of  the  north  and  western  part  of  the  Union 
have,  under  the  influence  of  their  good  sense  and  energies,  and! the 
protection  actually  afforded  to  them,  made  our  country  distinguished 
amongst  the  nations  of  the  earth  for  its  manufacturing  operations, 
and  made  it  ready  to  contend  with  other  nations  in  that  great  and 
diversified  department ;  whilst  the  southern  section  of  the  country, 
confining  itself  to  one  branch  of  industry,  has  fallen  to  the  rear  in 
point  of  prosperity  and  material  advancement. 

But  a  little  over  a  century  of  time  has  elapsed  since  our  nation, 
as  such,  began  its  existence.  After  the  revolutionary  war,  when  its 
national  existence  was  acknowledged,  it  started  with  a  population 


PREFACE.  xvii 

of  about  three  millions,  and  a  debt  about  eighty.  The  amount  of 
this  debt  excited  the  fears  of  many ;  but  the  nation  has  since  mas- 
tered a  debt  of  over  three  thousand  millions  of  dollars,  and  its 
population  has  increased  to  over  forty  millions.  Our  national 
boundaries,  in  revolutionary  times,  did  not  reach  westward  to  the 
Father  of  Waters.  Now  they  have  ascended  that  stream  above  two 
thousand  miles — have  crossed  the  great  mountain  barrier,  and  been 
stopped  only  by  the  ocean  in  their  march  towards  the  setting  sun, 
and  our  people  are  there,  in  position  to  enter  into  communication 
with  the  immense  population  of  the  eastern  part  of  the  world. 
"  Our  country — a  Hercules  in  its  infancy!  " — who  could  have  fore- 
told so  speedy  a  manhood.  Our  national  progress,  moreover,  is  not 
marked,  as  has  been  the  course  of  other  nations,  by  ravage  or  deso- 
lation; but  has  been  attended  with  the  olive  branch  of  peace  and 
kindness,  with  the  offer  to  share  with  ourselves  in  all  the  privileges 
afforded  by  our  Government,  which  we  ourselves  enjoy,  and  with 
the  right  essential  to  their  comfort,  to  regulate  their  local  interests 
in  their  own  way.  Let  England  and  other  nations  take  heed  of  our 
example,  and  treat  their  subordinate  or  dependent  dominions  in  the 
same  way. 

As  to  Cotton. 

In  1784  an  American  ship  landed  eight  bags  of  cotton  at  Liver- 
pool, and  the  custom-house  officers  seized  them  on  the  ground  that 
cotton  was  not  a  product  of  the  United  States.  Fifty  years  later 
(in  1832)  England  received  two  hundred  and  twenty  million  pounds 
of  cotton  from  America. 

In  Relation  to  the  Matter  of  Titles. 

Mr.  Macla}^  has  elsewhere  remarked  :  I,  however,  will  endeavor 
(as  I  have  hitherto  done)  to  use  the  resentment  of  the  Represent- 
atives to  defeat  Mr.  Adams,  &c.,  on  the  subject  of  titles.  The  pomp- 
ous and  lordly  distinctions  which  the  Senate  have  manifested  a  dis- 
position to  establish  between  the  two  Houses  has  nettled  the  Repre 
sentatives ;  and  this  business  of  titles  may  be  considered  as  part  of 
the  same  tune.  While  we  are  debating  on  titles,  I  will,  through  the 
Speaker,  Muhlenberg,  and  other  friends,  get  the  idea  suggested  of 
answering  the  President's  address  without  any  title,  in  contempt  of 
our  deliberations  which  still  continue  on  that  subject.  This  once 
effected,  will  confound  them  completely,  and  establish  a  precedent 
they  will  not  dare  to  violate.  (See  postea,  p.  46.) 


Of   THE 

UNIVERSITY 

OF 


SKETCHES  OF  DEBATES. 


By  an  act  of  Congress  of  13th  September,  1 788,  electors  of  Presi- 
dent and  Vice  President  were  to  be  selected  on  the  first  Wednesday 
of  January,  1789,  and  to  give  their  votes  on  the  first  Wednesday  of 
February.  The  first  Wednesday  of  March,  1789,  being  the  4th  day 
of  March,  was  fixed  upon  as  the  time,  and  the  city  of  New  York  as 
the  place,  for  commencing  proceedings  under  the  Constitution.  The 
ratification  of  the  Constitution  by  New  Hampshire  was  the  ninth  in 
order,  and  a  committee  of  arrangements  was  appointed  for  carrying 
the  new  system  into  operation. 

A  quorum  of  the  House  of  Representatives  was  not  formed  till 
the  1st  of  April,  1789,  and  of  the  Senate  not  until  the  6th. 

The  members  of  the  Senate  were  as  follows : 

New  Hampshire — John  Langdon*,  Paine  Wingate. 

Massachusetts — Caleb  Strong*,  Tristram  Dalton. 

Connecticut — Oliver  Ellsworth*,  William  S.  Johnson*. 

New  York — Rtifus  King*,  Philip  Schuyler. 

New  Jersey — William  Paterson*,  Jonathan  Elmer. 

Pennsylvania — William  Maclay,  Robert  Morris.* 

Delaware — Richard  Bassett*,  George  Read.* 

Maryland — Charles  Carroll,  John  Henry. 

Virginia — Richard  Henry  Lee,  William  Grayson. 

South  Carolina — Ralph  Izard,  Pierce  Butler.* 

Georgia — William  Few*,  James  Gunn. 

North  Carolina  and  Rhode  Island  not  having  adopted  the  Con- 
stitution, had  no  members  in  the  Senate  during  its  first  session. 

On  the  day  on  which  the  Senate  was  organized  by  the  members 
from  eleven  States,  the  election  of  General  Washington  as  President, 
and  of  John  Adams  as  Vice  President,  was  announced,  the  former  by 
:ui  unanimous  vote,  sixty-nine  being  the  whole  number;  Mr.  Adams 
by  a  plurality  vote,  he  receiving  thirty-four  votes,  the  residue  of  the 
votes  being  distributed  between  ten  other  persons ;  and  messengers 

*  Those  whose  names  are  marked  *  were  members  of  the  convention  which 
framed  the  Constitution  of  the  United  States. 


2  SKETCHES  OF  DEBATES 

were  appointed  to  notify  them  of  their  election,  Charles  Thompson 
being  sent  to  inform  General  Washington,  and  Sylvanus  Bourn  to 
notify  Mr.  Adams. 

On  the  8th  of  April,  Samuel  Alyne  Otis  was  elected  Secretary  of 
the  Senate. 

It  was  subsequently  determined  that  the  terms  for  which  the  Pres- 
ident, Yice  President,  and  Senators  were  respectively  chosen,  did, 
according  to  the  Constitution,  commence  on  the  4th  of  March,  1789. 

The  Senators  were  classified  into  three  classes — one  class  to  hold 
for  two  years,  one  for  four  years,  and  the  other  for  six  years  ;  and 
on  the  15th  of  May  the  classes  were  determined  by  lot.  In  the  first 
class,  fell  William  Maclay,  the  compiler  of  the  subsequent  journal, 
and  his  term  expired  on  the  4th  of  March,  1*791. 

It  was  also  determined  that  whenever  a  vacancy  shall  happen  in 
the  Senate  or  House  of  Representatives,  and  an  election  be  held  to 
fill  the  vacancy,  the  person  elected  shall  not  be  entitled  to  hold  his 
seat  beyond  the  term  for  which  the  Senator  or  Representative,  in 
whose  stead  he  was  elected,  would,  if  the  vacancy  had  not  happened, 
have  been  entitled  to  hold  a  seat. 

The  Mayor  of  the  city  of  New  York  offered  the  City  Hall  as  the 
place  of  meeting  of  the  Senate,  and  it  was  accepted.  On  the  16th  of 
April,  on  the  part  of  the  Senate,  Mr.  Langdon,  Mr.  Carroll,  and  Mr. 
Johnson  were  appointed  to  wait  on  the  President,  and  Mr.  Ellsworth 
and  Mr.  Dalton  to  wait  on  the  Yice  President.  A  committee  was 
appointed  to  report  on  the  mode  of  communication  between  the  two 
Houses,  and  to  confer  with  such  committee  as  may  be  appointed  by 
the  House  for  the  purpose. 

In  relation  to  the  installation  of  the  Vice  President,  the  Senate 
Journal  of  April  21,  is  as  follows : 

The  committee  appointed  to  conduct  the  Yice  President  to  the 
Senate  Chamber,  executed  their  commission,  and  Mr.  Langdon,  the 
Vice  President  pro  tempore,  meeting  the  Yice  President  on  the  floor 
of  the  Senate  Chamber,  addressed  him  as  follows : 

SIR  :  I  have  it  in  charge  from  the  Senate,  to  introduce  you  to  the 
chair  of  this  House ;  and  also  to  congratulate  you  on  your  appoint- 
ment to  the  office  of  Yice  President  of  the  United  States  of  America. 

After  which  Mr.  Langdon  conducted  the  Yice  President  to  the 
chair,  when  the  Yice  President  addressed  the  Senate  as  follows  : 

GENTLEMEN  OF  THE  SENATE  :  Invited  to  this  respectable  situation 
by  the  suffrages  of  our  fellow-citizens,  according  to  the  Constitu- 
tion,! have  thought  it  my  duty,  cheerfully  and  readily,  to  accept  it. 
Unaccustomed  to  refuse  any  public  service,  however  dangerous  to 
my  reputation,  or  disproportioned  to  my  talents,  it  would  have  been 


I  N  THE  FIRST  SENATE  OK  THE  UNITED  STATI  B 

inconsistent  to  have  adopted  another  maxim  of  conduct  at  this  time, 
when  the  prosperity  of  the  country  and  the  liberties  of  the  people 
require,  perhaps,  as  much  as  ever,  the  attention  of  those  who  possess 
any  share  of  the  public  confidence. 

I  should  be  destitute  of  sensibility,  if,  upon  my  arrival  in  this 
city,  and  presentation  to  this  Legislature,  and  especially  to  this  Sen- 
ate, I  could  see,  without  emotion,  so  many  of  those  characters  of 
whose  virtuous  exertions  I  have  so  often  been  a  witness;  from  whose 
countenances  and  examples  I  have  ever  derived  encouragement  and 
animation  ;  whose  disinterested  friendship  has  supported  me  in  many 
interesting  conjunctures  of  public  affairs,  at  home  and  abroad  ;  those 
celebrated  defenders  of  the  liberties  of  this  country,  whom  menaces 
could  not  intimidate,  corruption  seduce,  or  flattery  allure  ;  those  in- 
trepid assertors  of  the  rights  of  mankind,  whose  philosophy  and 
policy  have  enlightened  the  world  in  twenty  years  more  than  it  was 
ever  before  enlightened  in  many  centuries  by  ancient  schools  or  mod- 
ern universities. 

I  must  have  been  inattentive  to  the  course  of  events,  if  I  were  ig- 
norant of  the  fame,  or  insensible  to  the  merit  of  those  other  charac- 
ters in  the  Senate  to  whom  it  has  been  my  misfortune  to  have  been 
hitherto  personally  unknown. 

It  is  with  satisfaction  that  I  congratulate  the  people  of  America  on 
the  formation  of  a  National  Constitution,  and  the  fair  prospect  of 
a  consistent  administration  of  a  government  of  laws ;  on  the  ac- 
quisition of  a  House  of  Representatives  chosen  by  themselves  ,  of  a 
Senate  thus  composed  by  their  own  State  Legislatures  ,  and  on  the 
prospect  of  an  executive  authority  in  the  hands  of  one  whose  por- 
trait I  shall  not  presume  to  draw.  Were  I  blessed  with  powers  to  do 
justice  to  his  character,  it  would  be  impossible  to  increase  the  con- 
fidence or  affection  of  his  country,  or  make  the  smallest  addition  to 
his  glory.  This  can  only  be  effected  by  a  discharge  of  the  present 
exalted  trust  on  the  same  principles,  with  the  same  abilities  and 
virtues,  which  have  uniformly  appeared  in  all  his  former  conduct, 
public  or  private. 

May  I,  nevertheless,  be  indulged  to  inquire,  if  we  look  over  the 
rnt.ilogue  of  the  iirst  magistrates  of  nations,  whet  her  they  have  been 
denominated  presidents  or  consuls,  kings  or  princes,  where  shall  we 
find  one  whose  commanding  talents  and  virtues,  whose  overruling 
good  fortune,  have  so  completely  united  all  hearts  and  voices  in  his 
favor,  who  enjoyed  the  esteem  and  admiration  of  foreign  nations 
and  fellow-citizens  with  equal  unanimity  ?  Qualities  so  uncommon 
are  no  common  blessings  to  the  country  that  possesses  them.  By 
those  great  qualities  and  their  benign  effects,  has  Providence  marked 


4  SKETCHES  OF  DEBATES 

out  the  head  of  the  nation,  with  a  hand  so  distinctly  visible  as  to 
have  been  seen  by  all  men,  and  mistaken  by  none. 

It  is  not  for  me  to  interrupt  your  deliberations  by  any  general 
observations  on  the  state  of  the  nation,  or  by  recommending  or  pro- 
posing any  particular  measure.  It  would  be  superfluous  to  gentle- 
men of  your  great  experience,  to  urge  the  necessity  of  order.  It  is 
only  necessary  to  make  an  apology  for  myself.  Not  wholly  without 
experience  in  public  assemblies,  I  have  been  more  accustomed  to 
take  a  share  in  their  debates,  than  to  preside  in  their  deliberations, 
It  shall  be  my  constant  endeavor  to  behave  toward  every  member 
of  this  most-  honorable  body  with  all  that  consideration,  delicacy, 
and  decorum,  which  becomes  the  dignity  of  his  station  and  charac- 
ter ,  but  if,  from  inexperience  or  inadvertency,  anything  should  ever 
escape  me  inconsistent  with  propriety,  I  must  entreat  you,  by  im- 
puting it  to  its  true  cause,  and  not  to  any  want  of  respect,  to  pardon 
and  excuse  it. 

A  trust  of  the  greatest  magnitude  is  committed  to  this  Legisla- 
ture ;  and  the  eyes  of  the  world  are  upon  you.  Your  country 
expects  from  the  results  of  your  deliberations,  in  concurrence  with 
the  other  branches  of  Government,  consideration  abroad,  and  con- 
tentment at  home — prosperity,  order,  justice,  peace,  and  liberty. 
And  may  God  Almighty's  providence  assist  you  to  answer  their 
just  expectations. 

On  the  23d  of  April  the  committee,  who  consisted  of  Mr.  Strong, 
Mr.  Izard,  and  Mr.  Lee,  appointed  on  the  16th  to  report  a  mode  of 
communication  between  the  two  Houses  with  respect  to  papers,  bills, 
and  messages,  reported  that  they  had  conferred  with  a  committee 
of  the  House,  and  had  agreed  to  the  following  report : 

When  a  bill  or  other  message  shall  be  sent  from  the  Senate  to  the 
House  of  Representatives,  it  shall  be  carried  by  the  Secretary,  who 
shall  make  one  obeisance  to  the  Chair  on  entering  the  door  of  the 
House  of  Representatives,  and  another  on  delivering  it  at  the  table 
into  the  hands  of  the  Speaker.  After  he  shall  have  delivered  it,  he 
shall  make  an  obeisance  to  the  Speaker,  and  repeat  it  as  he  retires 
from  the  House. 

When  a  bill  shall  be  sent  up  by  the  House  of  Representatives  to 
the  Senate,  it  shall  be  carried  by  two  members,  who,  at  the  bar  of 
the  Senate,  shall  make  their  obeisance  to  the  President,  and  thence, 
advancing  to  the  Chair,  make  a  second  obeisance,  and  deliver  it  into 
the  hands  of  the  President.  After  having  delivered  the  bill  they 
shall  make  their  obeisance  to  the  President,  and  repeat  it  as  they 
retire  from  the  bar.  The  Senate  shall  rise  on  the  entrance  of  the 
members  within  the  bar,  and  continue  standing  until  they  retire. 


IN  TIN-:  FIIJST  SKNATK  OF  THK  UNITKD  STATKS.          5 

All  other  messages  from  the  House  of  Representatives  shall  be 
carried  by  one  member,  who  shall  make  his  obeisance,  as  above  men- 
tioned ;  but  the  President  of  the  Senate  alone  shall  rise. 

Read  and  accepted. 

The  report  of  the  joint  committee  was  not  adopted  in  the  House 
of  Representatives.  It  appears  from  the  Journal  of  the  House  of 
the  23d  of  April,  that  the  report  of  the  committee  was  ordered  to 
lie  on  the  table,  and  on  the  24th  was  recommitted  to  the  same  com- 
mittee ;  and  that  on  the  28th  of  April  Mr.  Richard  Bland  Lee,  from 
that  committee,  reported  as  follows  : 

When  a  message  shall  be  sent  from  the  Senate  to  the  House  of 
Representatives,  it  shall  be  announced  at  the  door  of  theHouse  by 
the  Doorkeeper,  and  shall  be  respectfully  communicated  to  the  Chair 
by  the  person  by  whom  it  may  be  sent. 

The  same  ceremony  shall  be  observed  when  a  message  shall  be 
sent  from  the  House  of  Representatives  to  the  Senate. 

Messages  shall  be  sent  by  such  persons  as  a  sense  of  propriety 
in  each  House  may  determine  to  be  proper. 

The  said  report  was  twice  read ;  and  on  the  question  put  there- 
upon, agreed  to  by  the  House. 

On  the  23d  of  April,  on  motion  in  the  Senate,  it  was 

"Resolved,  That  a  committee,  consisting  of  three  members,  be 
appointed  to  consider  and  report  what  style  or  titles  it  will  be  proper 
to  annex  to  the  office  of  President  and  Vice  President  of  the  United 
States,  if  any  other  than  those  given  in  the  Constitution.  Also  to 
consider  of  the  time,  place,  and  manner  in  which,  and  the  person  by 
whom  the  oath  prescribed  by  the  Constitution  shall  be  administered 
to  the  President,  and  to  confer  thereon  with  such  committee  as  the 
House  of  Representatives  shall  appoint  for  that  purpose." 

Mr.  Lee,  Mr.  Izard,  and  Mr.  Dalton  were  chosen. 

It  would  appear  from  the  memorandum  of  Mr.  Maclay,  under  date 
of  the  8th  May,  that  on  the  23d  of  April,  the  day  on  which  the  reso- 
lution on  the  subject  of  titles  was  proposed,  Mr.  Adams,  the  Vice 
President,  (this  being  the  second  day  after  his  installation  as  Presi- 
dent of  the  Senate,)  addressed  the  Senate  in  favor  of  titles,  and  that 
Mr.  Maclay  replied,  resting  his  objections  on  the  Constitution. 

General  Washington  was  met  at  Elizabethtown,  in  New  Jersey, 
on  the  23d  day  of  April,  by  the  committees  of  the  Senate  and  House, 
and  was  escorted  to  the  city  of  New  York,  where  he  arrived  about 
three  o'clock  in  the  afternoon  of  that  day,  and  was  conducted  to 
the  house  appointed  for  his  residence. 

On  the  24th  of  April,  the  commission  of  the  committee  with  regard 
to  titles  was  re-considered  in  the  Senate;  and  a  motion  was  made 


6  SKETCHES  OF  DEBATES 

that  the  words  "  what  titles  it  will  be  proper  to  annex  to  the  offices 
of  President  and  Vice  President  of  the  United  States,  if  any,  other 
than  those  given  in  the  Constitution,"  be  struck  out ;  but  it  was 
negatived.  On  motion,  the  words  u  style  or,"  before  title,  were 
added. 

On  the  Journal  of  the  House  of  Representatives,  under  date  of 
April  24,  it  is  stated,  that  "  the  Speaker  laid  before  House  a  letter 
from  the  Vice  President  of  the  United  States,  enclosing  a  resolution 
of  the  Senate,  appointing  a  committee  to  consider  and  report  what 
style  or  titles  it  will  be  proper  to  annex  to  the  office  of  President 
and  Yice  President  of  the  United  States,  if  any  other  than  those 
given  in  the  Constitution ;  also  to  consider  of  the  time,  place  and 
manner  in  which,  and  the  person  by  whom  the  oath  prescribed  by 
the  Constitution  shall  be  administered  to  the  President ;  and  to  con- 
fer thereon  with  such  committee  as  this  House  should  appoint  for 
that  purpose.  Whereupon,  ordered  that  a  committee,  to  consist  of 
five  members,  be  appointed  for  the  purpose  expressed  in  the  reso- 
lution of  the  Senate.  The  members  elected  were  Messrs.  Benson, 
Ames,  Madison,  Carroll,  and  Sherman. 

On  the  25th  the  Right  Reverend  Samuel  Provost  was  elected  Chap- 
lain of  the  Senate. 

A  letter  from  Charles  Thomson,  Esq.,  dated  the  24th  of  April, 
1789,  directed  to  the  President  of  the  Senate,  purporting  his  having 
delivered  to  Gen.  Washington  the  certificate  of  his  being  elected 
President  of  the  United  States,  was  read,  and  ordered  to  be  filed. 

On  the  same  day  the  committee  appointed  to  consider  of  the  time, 
and  place,  and  manner  in  which,  and  of  the  person  by  whom  the 
oath  prescribed  by  the  Constitution  shall  be  administered  to  the 
President  of  the  United  States,  and  to  confer  with  a  committee  of 
the  House  appointed  for  that  purpose,  report : 

That  the  President  has  been  pleased  to  signify  to  them,  that  anj^ 
time  or  place  which  both  Houses  may  think  proper  to  appoint,  and 
any  manner  which  shall  appear  most  eligible  to  them,  will  be  con- 
venient and  acceptable  to  him.  They  further  reported  that  requisite 
preparation  cannot  probably  be  made  before  Thursday  next ;  that 
the  President  be,  on  that  day,  formally  received  by  both  Houses  in 
the  Senate  chamber ;  that  the  Representatives'  chamber  being  capa- 
ble of  receiving  the  greater  number  of  persons,  that,  therefore,  the 
President  do  take  the  oath  in  that  place,  and  in  the  presence  of  both 
Houses.  That  after  the  formal  reeception  of  the  President  in  the 
Senate  chamber,  he  be  attended  by  both  Houses  to  the  Represent- 
atives' chamber,  and  that  the  oath  be  administered  by  the  chancel- 
lor of  the  State  of  New  York. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.  7 

The  committee  further  report  it,  as  their  opinion,  that  it  will  be 
proper  that  a  committee  of  both  Houses  be  appointed  to  take  order 
for  conducting  the  business.  This  was  read  and  accepted.  Where- 
upon Mr.  Lee,  Mr.  Izard,  and  Mr.  Dalton,on  the  part  of  the  Senate, 
together  with  a  committee  that  may  be  appointed  on  the  part  of  the 
House  of  Representatives,  were  empowered  to  take  order  for  con- 
ducting the  business. 

On  the  same  day  was  read  an  order  of  the  House  of  Representa- 
tives, concurring  in  the  appointment  of  a  committee  on  their  part, 
to  confer  with  a  committee  appointed  on  the  24th  instant,  on  the  part 
of  the  Senate,  to  consider  and  report  "  what  style,  &c.,  it  will  be 
proper  to  annex  to  the  offices  of  President  and  Vice  President." 
From  it  it  appeared,  as  before  stated,  that  Mr.  Benson,  Mr.  Ames, 
Mr.  Madison,  Mr.  Carroll,  and  Mr.  Sherman  were  appointed  on  the 
part  of  the  House. 

On  the  Senate  Journal,  under  date  of  Monday,  April  27,  it  is 
stated  that  "  the  committee  appointed  to  take  order  for  conducting 
the  ceremonial  of  the  formal  reception,  &c.,  of  the  President,  re- 
ported : 

"  That  it  appears  to  them  more  eligible  that  the  oath  should  be  ad- 
ministered to  the  President  in  the  outer  gallery,  adjoining  the  Sen- 
ate chamber,  than  in  the  Representatives'  chamber ;  and,  therefore, 
submit  to  the  respective  houses  the  propriety  of  authorizing  their 
committee  to  take  order  as  to  the  place  where  the  oath  shall  be  ad- 
ministered to  the  President,  the  resolution  of  Saturda}^  assigning 
the  Representatives'  chamber  as  the  place,  notwithstanding.  Read 
and  accepted. 

"Resolved,  That  after  the  oath  shall  have  been  administered  to  the 
President,  he,  attended  by  the  Vice  President  and  members  of  the 
Senate  and  House  of  Representatives,  proceed  to  St.  Paul's  Chapel, 
to  hear  divine  service,  to  be  performed  by  the  Chaplain  of  Congress, 
already  appointed.  Sent  to  the  House  of  Representatives  for  con- 
currence." 

Before  proceeding  further,  we  remark  that  on  the  5th  of  March, 
1789,  the  General  Assembly  of  Pennsylvania  passed  resolutions 
offering  the  use  of  the  public  buildings  in  the  city  of  Philadelphia, 
for  the  temporary  use  of  Congress ;  and  that  a  design  existed  with 
some  members  of  Congress  to  make  an  early  effort  to  remove  the 
Congress  from  New  York  to  Philadelphia,  which  effort,  however, 
failed,  as  stated  in  the  following  extract  of  a  letter  dated  New  York, 
16th  April,  1789,  addressed  by  William  Maclay  to  Judge  Peters,  of 
Philadelphia,  viz  : 

"DEAR  SIR:  I  have  received  yours  of  the  12th,  and  will,  with 


8  SKETCHES  OF  DEBATES 

my  own  hand,  deliver  Mr.  Adams'  letter,  as  he  is  now  expected  daily. 
The  messenger  that  went  for  him  took  a  passage  by  water,  and  was  at 
Rhode  Island  in  nineteen  hours ;  so  that  in  all  probability  Mr.  Adams 
received  official  information  of  his  election  in  two  days  after  the  bal- 
lots were  opened.  Fortune  has  now  fixed  us  here  for  the  present 
session.  The  Romans,  you  know,  made  a  goddess  of  her  ;  and  al- 
though she  is  not  now  worshiped,  yet  her  power  seems  not  to  be 
diminished.  The  critical  moment  to  have  been  embraced,  was  just 
after  the  ballots  were  opened,  and  before  the  messengers  were  sent 
off  for  the  President  and  Yice  President.  An  adjournment  to  Phila- 
delphia was  the  point  to  be  carried.  What  we  most  wanted  was  a 
bold,  determined  leader  in  the  lower  House,  of  a  different  State  from 
our  own.  We  wanted  to  make  Madison  the  man,  but  his  darling 
Potomac  kept  uppermost  with  him,  in  spite  of  all  our  efforts.  We 
greatly  regretted  the  absence  of  Fitzsimmons. 

On  the  other  hand,  not  greater  consternation  seized  the  city  when 
the  British  left  them.  Beaux,  belles,  macaronis,  clergy,  and  all,  went 
to  work,  and  such  a  running  from  house  to  house  was  hardly  ever 
heard  of.  Our  friends  of  New  England  gave  way,  and  declared  for 
removal  to  the  permanent  residence  only.  In  the  meanwhile  the 
irrevocable  hour  was  passed,  the  messengers  were  sent  off,  and  our 
scheme  sunk  in  abortion.  It  now  remains  that  we  lay  in  a  sufficient 
stock  of  materials  for  the  end  of  the  session,  and  that  proper  atten- 
tion be  paid  to  the  word  adjournment,  when,  I  hope,  madam,  the 
Roman  Goddess,  will  be  more  propitious  to  our  wishes. 

Thank  you  for  the  mention  of  your  plough.  Never  word  brought 
a  more  endearing  assemblage  of  ideas  in  its  train.  All  the  joys  and 
blessings  of  domestic  life  seemed  to  start  into  existence  at  the  very 
mention  of  this  first  of  human  inventions.  There  is  not  even  the 
sign  of  such  an  implement  in  this  vile  place,  keen  and  attentive  as 
they  are  to  their  interests.  I  wonder  none  of  them  have  thought 
of  such  a  thing,  for  even  an  ale-house  with  such  a  symbol  at  the 
door  would  command  custom.  Our  Pennsylvanians,  at  least,  would 
venerate  the  plough.  Somebody  brought  a  report  into  town  that 
there  was  a  green  field  two  or  three  miles  off.  Mr.  Clymer  and  a 
party  immediately  set  off  in  quest  of  it.  I  could  not  be  of  their 
company,  as  I  have  been  confined,  for  some  days,  by  a  violent 
rheumatism  in  my  right  knee — a  complaint  for  which,  I  am  told,  this 
place  is  remarkable.  I  am,  however,  much  better,  and  hope  for 
health  in  a  few  days — a  blessing  which  I  have,  in  a  great  degree , 
been  a  stranger  to  since  I  came  to  this  place. 

Am,  with  much  respect,  your  obedient,  humble  servant, 

WILLIAM  MACLAY. 

Honorable  RICHARD  PETERS. 


I.\  TIII:   KIKST  SENATE  OF  Tin:  UNITED  STATES.        9 

It  has  been  before  stated  that  General  Washington  arrived  at  New 
York  on  the  23d  of  April.  The  Journal  of  Mr.  Maclay  commences 
on  the  next  day,  the  24th  of  April,  and  he,  inter  alia,  remarks : 

I  understood  that  it  was  agreed  among  the  Senators  yesterday, 
that  they  would  meet  at  the  hall  this  morning,  and  go  in  a  body  to 
pay  their  respects  to  General  Washington.  I  went,  about  ten  o'clock, 
to  the  hall,  accordingly.  There  was,  however,  no  person  there. 
After  staying  some  time,  Ellsworth  came  in.  I  repeated  the  con- 
versation of  last  night,  and  asked  him  whether  he  had  been  to  wait 
on  the  General.  Yes,  he  had  been,  and  a  number  more  with  him. 
Some  went  last  night,  and  some  this  morning.  *  *  *  * 
I  whipped  down  stairs,  and  joined  the  Speaker  and  a  number  more 
of  the  Pennsylvanians,  who  were  collecting  for  that  purpose ;  went 
and  paid  my  respects,  &c. 

Mr.  Izard  had  yesterday  been  very  anxious  to  get  a  report  adopted, 
respecting  the  communications  between  the  Houses.  It  was  so.  But 
now  we  hear  the  House  below  laugh  at  it.  Mr.  Izard  moved  to  have 
the  adoption  taken  from  the  minutes.  This  could  not  be  done.  But 
now  a  carious  scene  opened.  Mr.  Lee,  being  of  the  Title  Commit- 
tee of  yesterday,  produced  a  copy  of  the  resolution  for  appointing 
that  committee,  and  moved  that  the  House  should  pass  a  vote  for 
the  transmitting  it  down  to  the  other  House.  This  was  truly  ridic- 
ulous ;  but  mind,  this  business  had  been  (gone)  into  yesterday  solely 
on  the  motion  of  our  President,  (Mr.  Adams)  ;  but,  now,  (he  con- 
tinues,) Lee  wanted  to  bring  it  on  again,  when  the  President  would 
not  appear  in  it."  "  I  showed  the  absurdity  of  his  motion  plainly* 
enough  ;  but  it  seemed  to  me,  that  b}^  getting  a  division  of  the  res<5*- 
lution,  I  could,  perhaps,  throw  out  the  part  about  titles  altogether. 
Mr.  Carroll,  of  Maryland,  showed  he  was  against  titles.  I  wrought 
so  far,  that  I  got  a  question,  whether  we  should  throw  out  the  part 
about  titles  altogether.  We  lost  the  question."  However,  I  could 
plainly  see  that  we  gained  ground  in  the  House. 

Now,  a  most  curious  question  arose.  The  President  (Mr.  Adams) 
knew  not  how  to  direct  the  letter  to  the  Speaker.  He  called  on  the 
House  to  know  how  it  should  be  directed.  The  House  showed  a 
manifest  disinclination  to  interfere.  The  President  urged,  and 
ceased  not  until  a  question  was  pointedly  put,  whether  the  Speaker 
should  be  styled  honorable.  It  passed  in  the  negative  ;  and  from 
this  omen,  I  think  our  President  may  go  and- dream  about  titles 
for  none  will  he  get. 

25th  April,  Saturday.  Attended  the  House.  Ceremonies,  end- 
less ceremonies,  the  whole  business  of  the  day.  I  did  not  embark 
warmly  this  day.  "  Otis,  our  Secretary,  makes  the  grossest  mis- 


10  SKETCHES  OF  DEBATES 

takes  in  our  minutes,  and  it  cost  us  an  hour  or  two  to  rectify  them. 
I  was  up  as  often,  I  believe,  as  was  necessary,  and  certainly  threw 
so  much  light  on  two  subjects,  that  the  debate  ended  on  each." 

The  President,  as  usual,  made  us  two  or  three  speeches  from  the 
chair.  I  will  endeavor  to  recollect  one  of  them.  It  was  on  the 
reading  of  a  report,  which  mentioned  that  the  President  should  be 
received  in  the  Senate  chamber,  and  proceed  thence  to  the  House 
of  Representatives,  to  be  sworn. 

"  GENTLEMEN  :  I  do  not  know  whether  the  framers  of  the  Consti- 
tution had  in  view  the  two  Kings  of  Sparta,  or  the  two  consuls  of 
Rome,  when  they  formed  it — one  to  have  all  the  power  while  he  held 
it ;  and  the  other  to  be  nothing.  Nor  do  I  know  whether  the  archi- 
tect that  formed  our  room,  and  the  wide  chair  in  it,  (to  hold  two,  I 
suppose,)  had  the  Constitution  before  him.  Gentlemen,  I  feel  great 
difficulty,  how  to  act.  I  am  possessed  of  two  separate  powers — the 
one  in-esse,  the  other  in  passe.  I  am  Vice  President.  In  this,  I 
am  nothing ;  but  I  may  be  everything.  But  I  am  President,  also, 
of  the  Senate.  When  the  President  comes  into  the  Senate,  what 
shall  I  be  ?  I  wish,  gentlemen,  to  think  what  I  shall  be." 

A  solemn  silence  ensued.  God  forgive  me,  for  it  was  involuntarj^, 
but  the  profane  muscles  of  my  face  were  in  tune  for  laughter,  in 
spite  of  my  indisposition. 

Ellsworth  thumbed  over  the  sheet  Constitution,  and  turned  it  for 
some  time.  At  length  he  rose,  and  addressed  the  Chair,  with  the 
most  profound  gravity : 

"  Mr.  PRESIDENT:  I  have  looked  over  the  Constitution,  (paused,) 
and  I  find,  sir — it  is  evident  and  clear,  sir — that  wherever  the  Sen- 
ate is  to  be,  there,  sir,  you  must  be  at  the  head  of  them  ;  but,  further, 
sir,  (there  he  looked  aghast,  as  if  some  tremendous  gulf  had  yawned 
before  him,)  I  shall  not  pretend  to  say." 

"  Thursday  next  is  appointed  for  swearing  in  the  President.  I 
am  worse  of  my  rheumatism,  and  perhaps  it  is  owing  to  the  change 
of  weather,  for  the  wind  is  at  northwest,  and  cold. 

"  Sunday,  26th  April.  Went  out  half  after  nine  o'clock  ;  visited 
Governor  St.  Clair,  General  Butler,  Delany,  McPherson.  At  Ells- 
worth's called  on  Mr.  Clymer  and  Mr.  Fitzsimmons.  The  very  end 
of  this  visit  was  to  concert  some  measures  with  them  for  the  re- 


NOTE.— The  following  is  a  note  to  third  volume  of  J.  C.  Hamilton's  history. 
I  have  endeavored  to  ascertain  where  it  was  obtained  by  him,  but  I  have  not 
succeeded: 

"Are  we,"  Adams  observed  in  the  Senate,  "the  two  Kings  of  Sparta,  the 
two  Consuls  of  Rome,  or  the  two  Suffetes  of  Carthage." — See  Sd  vol.,  p.  560,  of 
His.  IT.  £.,  by  John  C.  Hamilton. 


IN  TIIK  FIIIST  SEBTATE  <»F  THE  UNITED  STATES.        11 

moval  of  Congress,  but  they  kept  me  off.  I  mentioned  a  favorable 
disposition  in  some  of  the  Maryland  gentlemen  to  be  in  unison  with 
the  Pennsylvania  delegation.  They  seem  not  to  credit  me. 

"  Monday,  27th  April,  1789.  Attended  the  hall.  We  had  prayers 
this  day  by  the  Chaplain,  Doctor  Provost.  A  new  arrangment  was 
reported  from  the  joint  committee  of  ceremonies.  This  is  an  end- 
less business.  Lee  offered  a  motion  to  the  Chair  that  after  the 
President  was  sworn,  (which  now  is  to  be  in  the  gallery  opposite 
the  Senate  Chamber,)  the  Congress  should  accompany  him  to  Saint 
Paul's  church  and  attend  divine  service.  This  had  been  agitated  in 
the  joint  committee ;  but  Lee  said  expressly  that  they  would  not 
agree  to  it.  I  opposed  it  as  an  improper  business,  after  it  had  been 
in  the  hands  of  the  joint  committee  and  rejected,  as  I  thought  this 
a  certain  method  of  creating  a  dissension  between  the  Houses." 

As  to  Duties  on  Importations. 

On  the  8th  of  April,  the  House  of  Representatives  being  in  Com- 
mittee of  the  Whole,  Mr.  Madison  addressed  it  on  the  subject  of  duties 
on  importations,  and  having  in  view  to  embrace  the  spring  importa- 
tions, he  introduced  a  resolution  as  follows : 

Resolved,  As  the  opinion  of  this  committee,  that  the  following 
duties  ought  to  be  levied  on  goods,  wares,  and  merchandise  im- 
ported into  the  United  States,  viz  :  On  rum,  per  gallon, —  —  of  a 

dollar  ;  on  all  other  spirituous  liquors, ;  on  molasses, —  — ; 

on  Madeira  wine,  —  — ;  on  all  other  wines, ;  on  common 

Bohea  teas,  per  lb.,  -  — ;  on  all  other  teas,—  — ;  on  paper, 

— ;  on  brown  sugars,  —  ;  on  loaf  sugars, ;  on  all 

other  sugars, ;  on  cocoa  and  coffee,  ;  on  all  other 

articles,  —  —  per  cent,  on  their  value  at  the  time  and  place  of  im- 
portation. 

That  there  ought,  moreover,  to  be  levied  on  all  vessels  in  wjiich 
goods,  wares,  or  merchandise  shall  be  imported,  the  duties  following, 
viz:  On  all  vessels  built  within  the  United  States,  and  belonging 
wholly  to  citizens  thereof,  at  the  rate  of  -  -  per  ton.  On  all 
vessels  belonging  wholly  to  the  subjects  of  Powers  with  whom  the 
United  States  have  formed  treaties,  &c.,  &c. ;  and  on  all  vessels  be- 
longing wholly  or  in  part  to  the  subjects  of  other  Powers,  at  the 
rate  of . 

Some  debate  ensued,  and  the  committee  rose,  and  the  subject  was 
subsequently  before  the  House  and  was  debated,  as  stated  in  part, 
in  the  preface  to  this  book. 

It  is  now  four  o'clock,  and  I  will  take  a  walk.  In  my  walk  I  fell 
in  with  Mr.  Sturgis,  Mr.  Wyngate,  Mr.  Goodhue.  We  took  a  circuit 


12  SKETCHES  OF  DEBATES 

on  the  island  and  came  into  town.  On  the  way  we  talked  of  the 
permanent  residence.  They  all  allowed  that  New  York  was  not  the 
place.  One  of  them  said  it  ought  to  be  in  Pennsylvania.  I  said 
little,  but  remarked  that  although  we  would  be  better  accommodated 
in  Philadelphia,  I  thought  we  should  think  of  the  permanent  resi- 
dence. New  houses  should  be  built  for  the  members  from  each 
State,  when  they  should  not  be  degraded  to  the  humiliating  neces- 
sity of  begging  for  lodgings  from  house  to  house.  I,  however,  re- 
marked coolly  that  Virginia  affected  acquiescence  in  this  place,  ex- 
pecting the  Pennsylvanians  would  be  fretted  into  an  acceptance  of 
their  measures  for  the  Potomac  ;  that  the  Potomac  was  convenient 
for  a  great  part  of  Pennsylvania ;  that  by  our  joining  our  votes  to 
those  of  Virginia  and  Maryland  and  the  more  southerly  States,  we 
could  go  to  the  Potomac  any  time.  One  of  them  remarked,  the 
numerous  votes  of  Virginia  would  not  avail.  I  did  not  get  time  to 
answer,  for  another  replied  that  we  had  members  on  our  side  in  the 
Senate  also. 

The  Vice  President's  speech  is  n»w  in  the  hands  of  every  one, 
and  is  received  with  merited  applause.  A  thought  as  to  the  com- 
position of  it.  But  first  I  will  lay  down  my  own  rule  for  judging 
in  cases  of  this  kind.  When  every  word  conveys  an  idea,  and  senti- 
ment follows  expression,  the  composition  is  good.  But  where  the 
words  and  expressions  are  so  happily  arranged  that  every  corre- 
sponding idea  and  sentiment  brings  a  kindred  group  in  its  train,  the 
composition  rises  to  excellent,  grand,  sublime. 

Now  for  the  sinking  scale.  When  ideas  follow  slowly,  with  diffi- 
culty, or  not  at  all,  the  composition  may  be  termed  heavy,  dull, 
stupid.  I  will  read  it  again,  but  I  am  inclined  to  place  it  under  the 
heavy  head. 

Visit  l>>  Washington. 

Next  Thursday,  I  ought  to  note  with  some  extraordinary  mark. 
I  had  dressed,  and  was  about  to  set  out,  when  General  Washington, 
the  greatest  man  in  the  world,  paid  me  a  visit.  I  met  him  at  the 
foot  of  the  stairs.  Mr.  Wynkoop  just  came  in.  We  asked  him  to 
take  a  seat.  He  excused  himself,  on  account  of  the  number  of  his 
visits.  We  accompanied  him  to  the  door.  He  made  us  complacent 
bows — one,  before  he  mounted,  and  the  other,  as  he  went  away,  on 
horseback.  I  attended  at  the  Hall ;  just  nothing  at  all  done.  I, 
however,  paid  very  formal  visit  to  the  Vice  President.  It  began  to 
rain,  and  I  came  home.  I  may  as  well  minute  a  remark  here  as  any 
where  else  ;  and,  indeed,  I  wish  it  were  otherwise — not  for  what  we 
have,  but  for  what  others  want.  But  we  have  really  more  republi- 
can plainness  and  sincere  openness  of  behavior  in  Pennsylvania  than 
in  any  other  place  I  have  ever  been  in.  I  was  impressed  with  a  dif- 


IN  THE  FIRST  SKNATK  OF  THE  UNITED  STATES.        13 

ferent  opinion,  until  I  have  had  full  opportunit}'  of  observing  the 
gentlemen  of  New  England  ;  and  sorry  am  I  to  say  it,  but  no  people 
in  the  Union  dwell  more  on  trivial  distinctions  and  matters  of  mere 
form.  They  really  seem  to  show  a  readiness  to  stand  on  punctilio 
and  ceremony.  A  little  learning  is  a  dangerous  thing,  ('tis  said.) 
May  not  the  same  be  said  of  breeding.  It  is  certainly  true,  that 
people  little  used  with  company  are  more  apt  to  take  offense  and  are 
less  easy  than  men  much  versant  in  public  life.  They  3,re  an  un- 
mixed people  in  New  England,  and  used  only  to  see  neighbors,  like 
themselves ;  and  when  once  an  error  of  behavior  is  crept  in  among 
them,  there  is  small  chance  of  its  being  cured ;  for  should  they  go 
abroad,  being  early  used  to  a  ceremonious  and  reserved  behavior, 
and  believing  that  good  manners  consist  entirely  in  punctilios,  they 
only  add  a  few  more  stiffened  airs  to  their  deportment,  excluding 
good  humor,  affability  of  conversation,  and  accommodation  of  tem- 
per and  sentiment,  as  qualities  too  vulgar  for  a  gentleman.  Mr. 
Strong  gave  us,  this  morning,  a  story  which,  with  many  others  of  a 
similar  nature,  which  I  have  heard,  places  this  in  a  clear  point  of 
light. 

By  the  Constitution  of  Massachusetts,  the  Senate  have  a  right  of 
communicating  bills  to  their  Lower  House.  Some  singular  business 
made  them  shut  their  doors.  At  this  time,  called  Samuel  Adams, 
of  the  Senate,  to  communicate  a  bill.  The  Doorkeeper  told  him  his 
orders.  Back  returned  the  enraged  Senator.  The  whole  Senate 
took  flame,  and  blazed  forth  in  furious  memorial  against  the  Lower 
House  for  breach  of  privilege.  A  violent  contest  ensued,  and  the 
whole  State  was  convulsed  with  litigation. 

April  29.  Attended  the  Hall.  This  day  a  bill  was  read  the  sec- 
ond time,  respecting  the  administering  the  oath  for  the  support  of 
the  new  Government.  A  diversit}^  of  opinion  arose,  whether  the 
law  should  be  extended  so  as  to  oblige  the  officers  of  the  State  Gov- 
ernments to  take  the  oaths.  The  power  of  Congress  to  do  this  was 
asserted  by  some,  and  denied  by  others,  in  pointed  terms.  I  did 
not  enter  into  the  merits  on  either  side  ;  but  before  the  question  was 
put,  gave  my  opinion,  that  the  first  step  towards  doing  good,  was  to 
was  to  be  sure  of  doing  no  harm.  Gentlemen  had  been  very  point- 
ed for  and  against  the  power.  If  we  divided  here,  what  must  we 
expect  the  people  out  of  doors  to  be.  That  in  the  exercise  of  pow- 
ers given  us  by  Congress,  we  should  deal  in  no  uncertainties  ;  that 
while  we  had  the  Constitution  plainly  before  us,  all  was  safe  and 
certain ;  but  if  we  took  on  us  to  deal  in  doubtful  matters,  we  trod 
on  hollow  ground,  and  might  be  charged  with  an  assumption  of 
powers  not  delegated.  I,  therefore,  on  this  ground,  was  against  the 


14  SKETCHES  OF  DEBATES 

commitment.  The  bill,  however,  was  committed,  and  with  it  closed 
the  business  of  the  day. 

I  have  observed,  ever  since  we  began  to  do  business,  that  a  Jehu- 
like  spirit  has  prevailed  with  a  number  of  gentlemen,  and  with  none 
more  than  with  the  member  from  the  ancient  dominion,  who  is  said 
to  be  a  notorious  anti-Federalist — a  most  expensive  and  enormous 
machine  of  a  Federal  judiciary — pompous  titles,  strong  efforts  after 
religious  distinctions,  coercive  laws  for  taking  the  oaths,  &c.,  &c. 
I  have  uniformly  opposed,  as  far  as  I  was  able,  everything  of  this 
kind,  and,  I  believe,  have  sacrificed  every  chance  of  being  popular, 
and  every  grain  of  influence  in  the  Senate  by  so  doing.  But,  be  it 
so.  I  have  the  testimony  of  my  own  conscience,  that  I  am  right. 
High-handed  measures  are  at  no  time  justifiable ;  but  now  they  are 
highly  impolitic.  Never  will  I  consent  to  straining  the  Constitu- 
tion ;  nor  never  will  I  consent  to  the  exercise  of  a  doubtful  power. 
We  come  here  the  servants — not  the  lords — of  our  constituents. 
The  new  Government,  instead  of  being  a  powerful  machine,  whose 
authority  would  support  any  measure,  needs  helps  and  props  on  all 
sides,  and  must  be  supported  by  the  ablest  names  and  the  most 
shining  characters  which  we  can  select.  The  President's  amiable 
deportment,  however,  smoothes  and  sweetens  everything.  Charles 
Thompson  has,  however,  been  ill-used  by  the  Committee  of  Arrange- 
ments of  the  ceremonial.  This  is  wrong.  His  name  had  been  left 
out  of  the  arrangement  for  to-morrow. 

The  journal  of  Mr.  Maclay  proceeds  : 

Thursday,  30th  April.  This  is  a  great,  important  day.  Goddess 
of  Etiquette  assist  me  while  I  describe  it.  The  Senate  stood  ad- 
journed to  half  after  eleven  o'clock.  About  ten,  dressed  in  my  best 
clothes.  Went  for  Mr.  Morris'  lodgings  ;  but  met  his  son,  who  told 
me  that  his  father  would  not  be  in  town  until  Saturday.  About 
ten,  turned  into  the  Hall.  The  crowd  already  great.  The  Senate 
met.  The  President  (Mr.  Adams)  rose  in  the  most  solemn  manner : 

GENTLEMEN  :  I  wish  for  the  direction  of  the  Senate.  The  Presi- 
dent will,  I  suppose,  address  the  Congress.  How  shall  I  behave? 
How  shall  we  receive  it  ?  Shall  it  be  standing  or  sitting  ? 

Here  followed  a  considerable  talk  from  him,  which  I  could  make 
nothing  of.  Mr.  Lee  began  with  the  House  of  Commons,  as  is  usual 
with  him  ;  then  the  House  of  Lords  ;  then  the  King,  and  then  back 
again.  The  result  of  his  information  was,  that  the  Lords  sat,  and 
the  Commons  stood,  on  the  delivery  of  the  King's  speech. 

Mr.  Izard  got  up  and  told  how  often  he  had  been  in  the  House  of 
Parliament.  He  said  a  great  deal  of  what  he  had  seen  there;  made, 
however,  this  sagacious  discovery,  that  the  Commons  stood  because 


IN  TIM:  FM:ST  SKNATI:  or  TIIK  UNITED  STATES.         lf> 

they  had  no  scats  to  sit,  on  being  arrived  at  the  House  of  Lords. 
It  was  discovered,  after  some  time,  tliat  the  King  sat  too,  and  had 
his  robes  and  crown  on. 

The  President  got  up  again,  and  said  he  had  been  very  often,  in- 
deed, at  the  Parliament  on  those  occasions,  but  there  always  was 
such  a  crowd,  and  ladies  along,  he  could  not  say  how  it  was. 

Mr.  Carroll  got  up  to  declare  that  he  thought  it  of  no  consequence 
how  it  was  in  Great  Britain — they  were  no  rule  to  us,  &c.  But  all 
at  once  the  Secretary,  who  had  been  out,  whispered  to  the  Chair 
that  the  Clerk  from  the  Representatives  was  at  the  door  with  a  com- 
munication. Gentlemen  of  the  Senate,  how  shall  he  be  received  ? 
A  silly  kind  of  resolution  of  the  committee  on  that  business  had 
been  laid  on  the  table  some  days  ago.  The  amount  of  it  was,  that 
each  House  should  communicate  to  the  other  what  and  how  they 
chose.  It  concluded,  however,  something  in  this  way — that  every- 
thing should  be  done  with  all  the  propriety  that  was  proper.  The 
question  was,  Shall  this  be  adopted,  that  we  may  know  how  to  re- 
ceive the  Clerk  ?  It  was  objected  ;  this  will  throw  no  light  on  the 
subject ;  it  will  leave  you  where  you  are. 

Mr.  Lee  brought  the  House  of  Commons  before  us  again.  He 
reprobated  the  rule — declared  that  the  Clerk  should  not  come  within 
the  bar  of  the  House ;  that  the  proper  mode  was  for  the  Sergeant- 
at-Arms,  with  the  mace  on  his  shoulder,  to  meet  the  Clerk  at  the 
door  and  receive  his  communication.  We  are  not,  however,  pro- 
vided for  this  ceremonious  way  of  doing  business,  having  neither 
mace  nor  Sergeant,  nor  masters  in  chancery,  who  carry  down  bills 
from  the  English  Lords. 

Mr.  Izard  got  up  and  labored  unintelligibly  to  show  the  great 
distinction  between  a  communication  and  a  delivery  of  a  thing ;  but 
he  was  not  minded. 

Mr.  Ellsworth  showed  plainly  enough  that  if  the  Clerk  was  not 
permitted  to  deliver  the  communication,  the  Speaker  might  as  well 
send  it  enclosed.  Repeated  accounts  came  that  the  Speaker  and 
Representatives  were  at  the  door.  Confusion  ensued  ;  the  members 
left  their  seats.  Mr.  Reed  rose  and  called  the  attention  of  the  Senate 
to  the  neglect  that  had  been  shown  to  Mr.  Thomson,  late  Secretary. 
Mr.  Lee  rose  to  answer  him  ;  but  I  could  not  hear  one  word  he  said. 

The  Speaker  was  introduced,  followed  by  the  Representatives. 
Here  we  sat  an  hour  and  ten  minutes  before  the  President  arrived. 
This  delay  was  owing  to  Lee,  Izard,  and  Dalton,  who  had  stayed 
with  us  until  the  Speaker  came  in,  instead  of  going  to  attend  the 
President. 

The    President   advanced  betweeen  the   Senate  and   Represent- 


16  SKETCHES  OF  DEBATES 

atives,  bowing  to  each.  He  was  placed  in  the  chair  by  the  Presi- 
dent of  the  Senate ;  the  Senate,  with  their  President,  on  the  right, 
the  Speaker  and  Representatives  on  his  left.  The  President  of  the 
Senate  rose,  and  addressed  a  short  sentence  to  him.  The  import 
of  it  was,  that  he  should  now  take  the  oath  of  office  as  President. 
He  seemed  to  have  forgot  half  of  what  he  was  to  say,  for  he  made 
a  dead  pause  and  stood  for  some  time  to  appearance  in  a  vacant 
mood.  He  finished  with  a  formal  bow,  and  the  President  was  con- 
ducted out  of  the  middle  window  into  the  gallery,  and  the  oath 
administered  by  the  Chancellor.*  Notice  that  the  business  was 
done  was  communicated  to  the  crowd,  who  gave  three  cheers,  and 
repeated  it  on  the  President's  bowing  to  them.  As  the  company 
returned  into  the  chamber,  the  President  took  the  chair  and  the 
Senate  and  Representatives  their  seats.  He  rose  and  all  arose,  and 
he  addressed  them.  (See  the  address.) 

This  great  man  was  agitated  and  embarrassed  more  than  ever  he 
was  by  the  leveled  cannon  or  pointed  musket.  He  trembled,  and 
several  times  could  scarce  make  out  to  read,  though  it  must  be  sup- 
posed he  had  often  read  it  before.  He  made  a  flourish  with  his 
right  hand  which  left  rather  an  ungainly  impression.  I  sincerely, 
for  my  part,  wished  all  set  ceremony  in  the  hands  of  the  dancing 
masters,  and  that  this  first  of  men  had  read  off  his  address  in  the 
plainest  manner,  without  ever  taking  his  eyes  from  the  paper ;  for 
I  felt  hurt  that  he  was  not  first  in  everything.  He  was  dressed  in 
deep  brown,  with  metal  buttons  with  an  eagle  on  them,  white  stock- 
ings, a  bag,  and  sword. f 

*  Congress  sat  in  the  city  hall,  called  Federal  Hall,  situate  on  Wall  street, 
opposite  the  head  of  Broad  street.  To  gratify  the  public  curiosity,  an  open 
gallery  adjoining  the  Senate  Chamber  had  been  selected  as  the  place  where 
the  ceremony  should  take  place. — Presidents  of  the  U.  #.,  by  Edwin  Williams. 

I  In  the  Pennsylvania,  Packet,  under  date  of  Tuesday,  April  28,  1789,  rela- 
tive to  the  inauguration  it  is  stated  :  In  the  evening  was  exhibited,  under  the 
direction  of  Col.  Baunian,  a  very  ingenious  and  splendid  show  of  fireworks. 
The  Count  de  Moustier's  house  was  elegantly  illuminated,  and  a  variety  of 
transparent  paintings  were  exhibited.  His  Excellency  Don  Diego  de  Gardo- 
qui's  house  also  displayed  a  great  assemblage  of  beautiful  figures,  executed 
in  the  most  masterly  and  striking  manner,  and  which  attracted  considerable 
attention  from  the  vast  multitude  of  citizens  assembled  .to  view  the  various 
scenes  of  the  evening.  The  ceremony  of  this  remarkable  day  completed  the 
organization  of  the  Federal  body.  Every  honest  man  must  feel  a  singular 
felicity  in  contemplating  this  day.  Good  government,  the  best  of  blessings, 
now  commences  under  favorable  auspices.  We  beg  leave  to  congratulate  our 
readers  on  the  great  event. 

A  writer  in  the  same,  under  date  of  May  7,  remarks  that  "  the  fire-works 
exhibited  in  the  evening  were  truly  brilliant,  and  the  illuminations  and 
transparent  paintings  of  the  French  and  Spanish  ambassadors  surpassed  even 
conception  itself." 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        17 

From  the  Hall  there  was  a  grand  procession  to  St.  Paul's  church, 
where  prayers  were  said  by  the  Bishop.  The  procession  was  well 
conducted  and  without  accident,  as  far  as  I  have  heard.  The  mili- 
tia were  under  arms,  lined  the  street  near  the  church,  made  a  good 
figure,  and  behaved  well. 

The  inaugural  address  was  as  follows : 

FELLOW-CITIZENS  OF  THE  SENATE  AND  OF  THE  HOUSE  OF  REPRESENT- 
ATIVES: Among  the  vicissitudes  incident  to  life,  no  event  could 
have  filled  me  with  greater  anxieties  than  that  of  which  the  notifica- 
tion was  transmitted  by  your  order,  and  received  on  the  14th  day 
of  the  present  month.  On  the  one  hand,  I  was  summoned  by  my 
country — whose  voice  I  can  never  hear  but  with  veneration  and  love — 
from  a  retreat  which  I  had  chosen,  with  the  fondest  predilection ; 
and  in  my  flattering  hopes,  with  an  immutable  decision,  as  the  asy- 
lum of  my  declining  years — a  retreat  which  was  rendered  every  day 
more  necessary,  as  well  as  more  dear  to  me,  by  the  addition  of  habit 
to  inclination,  and  of  frequent  interruptions  in  my  health,  to  the 
gradual  waste  committed  on  it  by  time.  On  the  other  hand,  the 
magnitude  and  difficulty  of  the  trust  to  which  the  voice  of  my  coun- 
try called  me,  being  sufficient  to  awaken,  in  the  wisest  and  most 
experienced  of  her  citizens,  a  distrustful  scrutiny  into  his  qualifica- 
tions, could  not  but  overwhelm  with  despondence,  one  who,  inher- 
iting inferior  endowments  from  nature,  and  unpracticed  in  the  duties 
of  civil  administration,  ought  to  be  peculiarly  conscious  of  his  own 
deficiencies.  In  this  conflict  of  emotions,  all  I  dare  aver  is,  that  it 
has  been  my  faithful  study  to  collect  my  duty  from  a  just  appreci- 
ation of  every  circumstance  by  which  it  might  be  effected.  All  I  dare 
hope  is,  that  if,  in  executing  this  task,  I  have  been  too  much  swayed 
by  a  grateful  remembrance  of  former  instances,  or  by  an  affection- 
ate sensibility  to  this  transcendent  proof  of  the  confidence  of  my 
fellow-citizens,  and  have  thence  too  little  consulted  my  incapacity, 
as  well  as  disinclination,  for  the  weighty  and  untried  cares  before 
me,  my  error  will  be  palliated  by  the  motives  which  misled  me,  and 
its  consequences  be  judged  by  my  country,  with  some  share  of  the 
partiality  in  which  they  originated. 

Such  being  the  impressions  under  which  I  have,  in  obedience  to 
the  public  summons,  repaired  to  the  present  station,  it  would  be  pe- 

In  relation  to  the  inaugural  address  of  Washington,  Fisher  Ames,  who  was 
possessed  of  a  more  poetic  temperament  than  that  of  Mr.  Maclay,  wrote  :  "  It 
was  a  touching  scene,  and  quite  solemn  kind.  His  aspect,  grave,  almost  to 
sadness;  his  modesty,  actually  shaking;  his  voice,  deep,  a  little  tremulous, 
and  so  low  as  to  call  for  close  attention ;  added  to  the  sense  of  objects  present- 
ed to  the  mind  and  overwhelming  it,  produced  emotions  of  the  most  affecting 
kind  upon  the  members." — Works  of  Fisher  Ames,  Vol.  /,  p.  84. 
2 


18  SKETCHES  OF  DEBATES 

culiarly  improper  to  omit,  in  this  first  official  act,  my  fervent  sup- 
plication to  that  Almighty  Being  who  rules  over  the  universe,  who 
presides  in  the  councils  of  nations,  and  whose  providential  aids  can 
supply  every  human  defect,  that  His  benediction  may  consecrate 
to  the  liberties  and  happiness  of  the  people  of  the  United  States,  a 
Government  instituted  by  themselves,  for  these  essential  purposes  ; 
and  may  enable  every  instrument  employed  in  its  administration  to 
execute,  with  success,  the  functions  allotted  to  his  charge.  In  ten- 
dering this  homage  to  the  Great  Author  of  every  public  and  private 
good,  I  assure  myself  that  it  expresses  your  sentiments  not  less  than 
my  own,  nor  those  of  my  fellow-citizens  at  large  less  than  either. 
No  people  can  be  bound  to  acknowledge  and  adore  the  invisible 
hand  which  conducts  the  affairs  of  men  more  than  the  people  of  the 
United  States.  Every  step  by  which  they  have  advanced  to  the 
character  of  an  independent  nation,  seems  to  have  been  distinguished 
by  some  token  of  providential  agency ;  and  in  the  important  revo- 
lution just  accomplished  in  the  system  of  their  united  Government, 
the  tranquil  deliberations  and  voluntary  consent  of  so  many  distinct 
communities  from  which  the  event  has  resulted,  cannot  be  compared 
with  the  means  by  which  most  Governments  have  been  established, 
without  some  return  of  pious  gratitude,  along  with  an  humble  an- 
ticipation of  the  future  blessings  which  the  past  seems  to  presage. 
These  reflections,  arising  out  of  the  present  crisis,  have  forced  them- 
selves too  strongly  on  my  mind  to  be  suppressed.  You  will  join 
with  me,  I  trust,  in  thinking  that  there  are  none  under  the  influence 
of  which  the  proceedings  of  a  new  and  free  Government  can  more 
auspiciously  commence. 

By  the  article  establishing  the  executive  department,  it  is  made 
the  duty  of  the  President  "  to  recommend  to  your  consideration 
such  measures  as  he  shall  judge  necessary  and  expedient."  The 
circumstances  under  which  I  now  meet  you  will  acquit  me  from  en- 
tering into  that  subject,  further  than  to  refer  to  the  great  constitu- 
tional charter  under  which  you  are  assembled  ;  and  which,  in  defin- 
ing your  powers,  designates  the  objects  to  which  your  attention  is 
to  be  given.  It  will  be  more  consistent  with  those  circumstances, 
and  far  more  congenial  with  the  feelings  which  actuate  me,  to  sub- 
stitute, in  place  of  a  recommendation  of  particular  measures,  the 
tribute  that  is  due  to  the  talents,  the  rectitude,  and  the  patriotism, 
which  adorn  the  characters  selected  to  devise  and  adopt  them.  In 
these  honorable  qualifications,  I  behold  the  surest  pledges,  that,  as 
on  one  side,  no  local  prejudices  or  attachments,  -no  separate  views, 
nor  party  animosities,  will  misdirect  the  comprehensive  and  equal 
eye  which  ought  to  watch  over  this  great  assemblage  of  communi- 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        19 

ties  and  interests ;  so,  on  another,  that  the  foundations  of  our  na- 
tional policy  will  be  laid  in  the  pure  and  immutable  principles  of 
private  morality ;  and  the  preeminence  of  free  government  be  ex- 
emplified by  all  the  attributes  which  can  win  the  affections  of  its 
citizens,  and  command  the  respect  of  the  world.  I  dwell  on  this 
prospect  with  every  satisfaction  which  an  ardent  love  for  my  coun- 
try can  inspire.  Since  there  is  no  truth  more  thoroughly  established 
than  that  there  exists,  in  the  economy  and  course  of  nature,  an  in- 
dissoluble union  between  virtue  and  happiness ;  between  duty  and 
advantage ;  between  the  genuine  maxims  of  an  honest  and  magnan- 
imous policy,  and  the  solid  rewards  of  public  prosperity  and  felicity  ; 
since  we  ought  to  be  no  less  persuaded  that  the  propitious  smiles 
of  heaven  can  never  be  expected  on  a  nation  that  disregards  the 
eternal  rules  of  order  and  right,  which  heaven  itself  has  ordained ; 
and  since  the  preservation  of  the  sacred  fire  of  liberty,  and  the  des- 
tiny of  the  republican  model  of  government,  are  justly  considered 
as  deeply,  perhaps  as  finally,  started  on  the  experiment  entrusted  to 
the  hands  of  the  American  people. 

Besides  the  ordinary  objects  submitted  to  your  care,  it  will  remain 
with  your  judgment  to  decide  how  far  an  exercise  of  the  occasional 
power  delegated  by  the  fifth  article  of  the  Constitution,  is  rendered 
expedient  at  the  present  juncture,  by  the  nature  of  objections  which 
have  been  urged  against  the  system,  or  by  the  degree  of  inquietude 
which  has  given  birth  to  them.  Instead  of  undertaking  particular 
recommendations  on  this  subject,  in  which  I  could  be  guided  by  no 
light  derived  from  official  opportunities,  I  shall  again  give  way  to 
my  entire  confidence  in  your  discernment  and  pursuit  of  the  public 
good ;  for,  I  assure  myself,  that  while  you  carefully  avoid  every  al- 
teration which  might  endanger  the  benefits  of  a  united  and  effective 
government,  or  which  ought  to  await  the  future  lessons  of  experi- 
ence, a  reverence  for  the  characteristic  rights  of  freemen,  and  a  re- 
gard for  the  public  harmony,  will  sufficiently  influence  your  delib- 
erations on  the  question,  how  far  the  former  can  be  more  impregna- 
bly  fortified,  or  the  latter  be  safely  and  advantageously  promoted. 

To  the  preceding  observations  I  have  one  to  add,  which  will  be 
more  properly  addressed  to  the  House  of  Representatives.  It  con- 
cerns myself,  and  will,  therefore,  be  as  brief  as  possible. 

When  I  was  first  honored  with  a  call  into  the  service  of  my  coun- 
try, then  on  the  eve  of  an  arduous  struggle  for  its  liberties,  the  light 
in  which  I  contemplated  my  duty  required  that  I  should  renounce 
every  pecuniary  compensation.  From  this  resolution  I  have  in  no 
instance  departed.  And  being  still  under  the  impression  which  pro- 
duced it,  I  must  decline,  as  inapplicable  to  myself,  any  share  in  the 


20  SKETCHES  or  DEBATES 

personal  emoluments  which  may  be  indispensably  included  in  a  per- 
manent provision  for  the  executive  department ;  and  must  accord- 
ingly pray  that  the  pecuniary  estimates  for  the  station  in  which  I 
am  placed,  may,  during  my  continuance  in  it,  be  limited  to  such 
actual  expenditures  as  the  public  good  may  be  thought  to  require. 

Having  thus  imparted  to  you  my  sentiments,  as  they  have  been 
awakened  by  the  occasion  which  brings  us  together,  I  shall  take  my 
present  leave ;  but  not  without  resorting  once  more  to  the  benign 
Parent  of  the  human  race,  in  humble  supplication,  that  since  He  has 
been  pleased  to  favor  the  American  people  with  opportunities  for 
deliberating  in  perfect  tranquillity,  and  dispositions  for  deciding  with 
unparalleled  unanimity  on  a  form  of  Government  for  the  security 
of  their  union,  and  the  advancement  of  their  happiness,  so  His  divine 
blessing  may  be  equally  conspicuous  in  the  enlarged  views,  the  tem- 
perate consultations,  and  the  wise  measures,  on  which  the  success 
of  this  Government  must  depend. 

G.  WASHINGTON. 

April  30,  1789. 

The  Senate  returned  to  their  chamber  after  service,  formed,  and 
took  up  the  address.  Our  President  called  it  his  most  gracious 
speech.  I  cannot  approve  of  this.  A  committee  was  appointed  on 
it — Johnson,  Carroll,  Patterson.  Adjourned. 

In  the  evening,  there  were  grand  fire-works.  The  Spanish  am- 
bassador's house  was  adorned  with  transparent  paintings;  the 
French  minister's  house  was  illuminated ;  the  Hall  was  grandly 
illuminated,  and  after  all  this  the  people  went  to  bed. 

The  journal  of  Mr.  Maclay  proceeds  as  follows  : 

May  1.  Attended  at  the  Hall  at  eleven.  The  prayers  were  over 
and  the  minutes  reading.  When  we  came  to  the  minute  of  the 
speech,  it  stood,  His  most  gracious  speech.  I  looked  all  round  the 
Senate.  Every  countenance  seemed  to  wear  a  blank.  The  Secre- 
tary was  going  on.  /  must  speak  or  nobody  would. 

Mr.  President,  we  have  lately  had  a  hard  struggle  for  our  lib- 
erty, against  kingly  authority.  The  minds  of  men  are  still  heated. 
Everything  related  to  that  species  of  government  is  odious  to  the 
people.  The  words  prefixed  to  the  President's  speech  are  the  same 
that  are  usually  placed  before  the  speech  of  his  Britannic  Majesty. 
I  know  they  will  give  offense.  I  consider  them  as  improper.  I 
therefore  move  that  they  be  struck  out,  and  that  it  stand  simply 
address  or  speech,  as  may  be  judged  most  suitable. 

Mr.  President  rose  in  his  chair,  and  expressed  the  greatest  sur- 
prise that  anything  should  be  objected  to  on  account  of  its  being 


IN  TIIK  FIKST  SENATE  OF  THE  UNITKD  STATKS.         21 

taken  from  the  practice  of  that  government  under  which  we  had 
lived  so  long  and  so  happily,  formerly.  That  he  was  for  a  dignified 
and  respectable  government,  and  as  far  as  he  knew  the  sentiments 
of  the  people,  they  thought  as  he  did. 

Painful  as  it  was,  I  had  to  contend  with  the  Chair.  I  admitted 
that  the  people  of  the  Colonies  (now  States)  had  enjoyed  formerly 
great  happiness  under  that  species  of  government ;  but  the  abuses 
of  that  government,  under  which  they  smarted,  had  taught  them 
what  they  had  to  fear  from  that  kind  of  government.  That  there 
had  been  a  revolution  in  the  sentiments  of  people  respecting  gov- 
ernment, equally  as  great  as  that  which  had  happened  in  the  Gov- 
ernment itself.  That  even  the  modes  of  it  were  now  abhorred. 
The  enemies  of  the  Constitution  had  objected  to  it  the  facility  there 
would  be  of  transition  from  it  to  kingly  government,  and  all  the 
trappings  and  splendor  of  royalty.  That  if  such  a  thing  as  this 
appeared  on  our  minutes,  they  would  not  fail  to  represent  it  as  the 
first  step  of  the  ladder  in  the  ascent  to  royalty. 

The  President  rose  a  second  time,  and  declared  that  he  had  men- 
tioned it  to  the  Secretary.  That  he  could  not  possibly  conceive 
that  any  person  could  take  offense  at  it. 

I  had  to  get  up  again,  and  declare  that  though  I  knew  of  its 
being  mentioned  from  the  Chair,  yet  my  opposition  did  not  proceed 
from  any  motive  of  contempt — that  although  it  was  a  painful  task, 
it  was  solely  a  sense  of  duty  that  raised  me. 

The  President  stood  during  this  time.  Said  he  had  been  long 
abroad,  and  did  not  know  how  the  tempers  of  people  might  be 
now. 

Up  now  rose  Mr.  Reed,  and  declared  for  the  paragraph.  He  saw 
no  reason  to  object  to  it  because  the  British  speeches  were  styled 
most  gracious.  If  we  chose  to  object  to  words  because  they  had 
been  used  in  the  same  sense  in  Britain,  we  should  soon  be  at  a  loss 
to  do  business. 

I  had  to  reply.  It  is  time  enough  to  submit  to  necessity  when 
it  exists.  At  present  there  is  no  loss  for  words.  The  words  speech 
or  address,  without  any  addition,  will  suit  us  well  enough. 

The  first  time  I  was  up,  Mr.  Lee  followed  me  with  a  word  or  two 
by  way  of  seconding  me  ;  but  when  the  President,  on  being  last  up, 
declared  that  he  was  the  person  from  whom  the  words  were  taken, 
Mr.  Lee  got  up  and  informed  the  Chair  that  he  did  not  know  that 
circumstance,  as  he  had  been  absent  when  it  happened. 

The  question  was  put  and  carried  for  erasing  the  words,  without 
a  division. 

After  the  house  adjourned,  the  President  took  me  to  one  side, 


22  SKETCHES  OF  DEBATES 

declared  how  much  he  was  for  an  efficient  Government,  how  much 
he  respected  General  Washington,  and  much  of  that  kind. 

I  told  him  I  would  yield  to  no  person  in  respect  to  General  Wash- 
ington ;  that  our  common  friends  would,  perhaps,  one  day  inform 
him  that  I  was  not  wanting  in  respect  to  himself ;  that  my  wishes 
for  an  efficient  Government  were  as  high  as  any  man's,  and  begged 
him  to  believe  that  I  did  myself  great  violence  when  I  opposed  him 
in  the  chair,  and  nothing  but  a  sense  of  duty  would  force  me  to  it. 
He  got  upon  the  subject  of  checks  to  Government  and  the  bal- 
ances of  power.  His  tale  was  long — he  seemed  to  expect  some 
answer.  I  caught  at  the  last  word,  and  said,  undoubtedly,  without 
a  balance  there  could  be  no  equilibrium,  and  so  I  left  him  hanging 
in  geometry. 

May  2.  Attended  Senate.  This  a  day  of  no  business  whatever. 
Langdon  came  and  shook  hands  very  heartily  with  me.  Some  of  the 
other  New  England  men  shy.  Patterson  only  was  at  the  Senate 
chamber  before  me.  He  passed  censure  on  the  conduct  of  the 
President ;  said  he  made  himself  too  busy.  He  hinted  as  if  some 
of  the  Senate  would  have  taken  notice  of  the  gracious  officer,  if  I 
had  not.  I  told  him  I  was  no  courtier,  and  had  no  occasion  to  trim ; 
but  said  it  was  a  most  disagreeable  thing  to  contend  with  the  Chair, 
and  I  had  already  held  that  disagreeable  post  more  than  once. 

Monday,  4th  May.  Went  early  to  the  post  office.  As  I  came 
back,  met  General  St.  Glair.  He  seemed  desirous  of  speaking  with 
me.  Said  he  had  been  to  my  lodgings,  and  asked  me  what  I  thought 
of  the  President's  new  arrangements.  It  was  the  first  I  had  heard 
of  them. 

The  President  is  neither  to  entertain  or  receive  invitations.  He 
is  to  have  levee  days  on  Tuesdays  and  Fridays,  when  only  he  is  to 
be  seen. 

I  told  the  General,  that  General  Washington  stood  on  as  difficult 
ground  as  he  had  ever  done  in  his  life.  That  to  suffer  himself  to  be 
run  down,  on  the  one  hand,  by  a  crowd  of  visitants,  so  as  to  engross 
his  time,  would  never  do,  as  it  would  render  his  doing  business  im- 
practicable. But,  on  the  other  hand,  for  him  to  be  seen  only  in 
public,  on  stated  times,  like  an  Eastern  Lama,  would  be  equally  of- 
fensive. If  he  was  not  to  be  seen  but  in  public,  where  nothing  con- 
fidential could  pass  between  him  and  any  individual,  business  would, 
to  all  appearance,  be  done  without  him,  and  he  could  not  escape  the 
charge  of  favoritism ;  all  court  would  be  paid  to  the  supposed  fa- 
vorite, weakness  and  insignificance  would  be  considered  as  charac- 
teristic of  the  President,  and  he  would  not  escape  contempt ;  that 
it  was  not  thus — the  General  gained  the  universal  plaudits  of  his 


Ix  THE  FIRST  SENATE  OF  THE  UNITED  STATUS.        23 

admiring  fellow-citizens.  I  reiterated  these  ideas  in  every  shape 
and  in  every  different  light  I  could  place  them,  for  nearly  half  an 
hour,  that  we  walked  in  front  of  St.  Paul's  church.  The  General 
said  he  wished  to  collect  men's  sentiments,  and  the  design  was  to 
communicate  them  to  the  General.  I  told  him  my  late  conduct  in 
the  Senate  had  been  such  as  would  render  any  opinion  of  mine  very 
ungracious  at  court,  and,  perhaps,  he  had  better  never  make  men- 
tion of  my  name.  Much  more  was  said,  but  not  worth  committing 
to  paper. 

Washington  to  Hamilton. 

NEW  YORK,  May  5,  1789. 

DEAR  SIR  :  I  beg  you  to  accept  my  unfeigned  thanks  for  your 
friendly  communications  of  this  date,  and  that  you  will  permit  me 
to  entreat  a  continuation  of  them,  as  occasions  may  arise. 

The  manner  chosen  for  doing  it  is  most  agreeable  to  me.  It  is 
my  wish  to  act  right ;  if  I  err,  the  head  and  not  the  heart  shall,  with 
justice,  be  chargeable. 

With  sentiments  of  sincere  esteem  and  regard, 
I  am,  dear  sir, 

Your  obedient  servant, 

GEO.  WASHINGTON. 

In  4th  Hamilton's  works, p.  l,is  the  following  letter  of  Hamilton 
to  Washington : 

NEW  YORK,  May  5,  1789. 

SIR  :  In  conformity  to  the  intimation  you  were  pleased  to  honor 

me  with  on evening  last,  I  have  reflected  upon  the 

etiquette  proper  to  be  observed  by  the  President,  and  now  submit 
the  ideas  which  have  occurred  to  me  on  the  subject.  The  public  good 
requires,  as  a  primarj^  object,  that  the  dignity  of  the  office  should 
be  supported. 

Whatever  is  essential,  that  ought  to  be  pursued,  though  at  the 
risk  of  partial  or  momentary  dissatisfaction.  But  care  will  be  neces- 
saiy  to  avoid  extensive  disgust  or  discontent.  Men's  minds  are 
prepared  for  a  pretty  high  tone  in  the  demeanor  of  the  executive, 
but  I  doubt  whether  for  so  high  a  tone  as  in  the  abstract  might  be 
desirable.  The  notions  of  equality  are  yet,  in  my  opinion,  too  gen- 
eral and  too  strong  to  admit  of  such  a  distance  being  placed  between 
the  President  and  other  branches  of  the  Government  as  might  even 
be  consistent  with  a  due  proportion.  The  following  plan  will,  I 
think,  steer  clear  of  extremes,  and  involve  no  very  material  incon- 
veniences : 

1.  The  President  to  have  a  levee  day  once  a  week  for  receiving 


24  SKETCHES  OF  DEBATES 

visits ;  an  hour  to  be  fixed  at  which  it  shall  be  understood  that  he 
will  appear,  and  consequently  that  visitors  are  to  be  previously  as- 
sembled. 

The  President  to  remain  half  an  hour,  in  which  time  he  may  con- 
verse cursorily  on  indifferent  subjects,  with  such  persons  as  shall 
invite  his  attention,  and  at  the  end  of  that  half  hour  disappear. 
Some  regulation  will  be  hereafter  necessary  to  designate  those  who 
may  visit. 

A  mode  of  introduction,  through  particular  officers,  will  be  in- 
dispensible.  ]STo  visits  to  be  returned. 

2.  The  President  to  accept  no  invitations,  and  to  give  formal  en- 
tertainments only  twice  or  four  times  a  year — the  anniversaries  of 
important  events  in  the  Revolution.    If  twice,  the  day  of  the  declara- 
tion of  independence  and  that  of  the  inauguration  of  the  President — 
which  completed  the  organization  of  the  Constitution — to  be  pre- 
ferred.   If  four  times,  the  day  of  the  treaty  of  alliance  with  France, 
and  that  of  the  definitive  treaty  with  Britain,  to  be  added.     The 
members  of  the  two  Houses  of  the  Legislature,  principal  officers  of 
the  Government,  foreign  ministers,  and  other  distinguished  strangers 
only  to  be  invited.     The  numbers  form,  in  my  mind,  an  objection  ; 
but  there  may  be  separate  tables,  in  separate  rooms.     This  is  prac- 
ticed in  some  European  courts.     I  see  no  other  method  in  which 
foreign  ministers  can,  with  propriety,  be  included  in  any  attentions 
of  the  table,  which  the  President  may  think  fit  to  pay. 

3.  The  President,  on  the  levee  days,  either  by  himself  or  some 
gentleman  of  his  household,  to  give  informal  invitations  to  family 
dinners  on  the  days  of  invitation.     Not  more  than  six  or  eight  to 
be  invited  at  a  time,  and  the  matter  to  be  confined  essentially  to 
members  of  the  Legislature  and  other  official  characters.    The  Pres- 
ident never  to  remain  long  at  table. 

I  think  it  probable  that  the  last  article  will  not  correspond  with 
the  ideas  of  most  of  those  with  whom  your  Excellency  may  con- 
verse ;  but,  on  further  mature  reflection,  I  believe  it  will  be  neces- 
sary to  remove  the  idea  of  too  immense  an  inequalit}^,  which,  I  fear, 
would  excite  dissatisfaction  and  cabal.  The  thing  may  be  so  man- 
aged as  neither  to  occasion  much  waste  of  time  nor  to  infringe  on 
dignity. 

It  is  an  important  point  to  consider  what  persons  may  have  ac- 
cess to  your  Excellency  on  business.  The  heads  of  departments 
will,  of  course,  have  this  privilege.  Foreign  ministers  of  some  de- 
scriptions will  also  be  entitled  to  it.  In  Europe,  I  am  informed, 
ambassadors  only  have  direct  access  to  the  chief  magistrate.  Some- 
thing very  near  what  prevails  there  would,  in  my  opinion,  be  right. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        25 

The  distinction  of  rank  between  diplomatic  characters  requires  at- 
tention, and  the  door  of  access  ought  not  to  be  too  wide  to  that 
class  of  persons.  I  have  thought  that  the  members  of  the  Senate 
should  also  have  a  right  of  individual  access  on  matters  relative  to 
the  public  administration.  In  England  and  France,  peers  of  the 
realm  have  this  right.  We  have  none  such  in  this  country,  but  I 
believe  that  it  will  be  satisfactory  to  the  people  to  know  that  there 
is  some  body  of  men  in  the  State  who  have  a  right  of  continual  com- 
munication with  the  President.  It  will  be  considered  a  safe-guard 
against  secret  combination  to  deceive  him. 

I  have  also  asked  myself,  will  not  the  Representatives  expect  the 
same  privilege,  and  be  offended  if  they  are  not  allowed  to  partici- 
pate with  the  Senate  ?  There  is  sufficient  danger  of  this  to  merit 
consideration,  but  there  is  a  reason  for  the  distinction  in  the  Con- 
stitution. The  Senate  are  coupled  with  the  President  in  certain 
executive  functions,  treaties,  and  appointments.  This  makes  them 
in  a  degree  his  constitutional  counselors,  and  gives  them  a  peculiar 
claim  to  the  right  of  access.  On  the  whole,  I  think  the  discrimina- 
tion will  be  proper,  and  may  be  hazarded. 

I  have  chosen  this  method  of  communication,  because  I  under- 
stood your  Excellency  that  it  would  be  most  convenient  to  you. 
The  unstudied  and  uncermonious  manner  of  it  will,  I  hope,  not  ren- 
der it  less  acceptable.  And  if,  in  the  execution  of  your  commands, 
at  any  time,  I  consult  frankness  and  simplicity  more  than  ceremony 
or  profession,  I  flatter  myself  you  will  not,  on  that  account,  distrust 
the  sincerity  of  my  cordial  wishes  for  your  personal  happiness,  and 
the  success  of  your  administration. 

I  have  the  honor  to  be,  with  the  highest  respect, 

Your  Excellencjr's  most  obedient  and  humble  servant, 

Though  out  of  order,  as  to  date,  the  letter  of  President  Washing- 
ton to  John  Adams,  and  the  reply  of  Mr.  Adams,  is  here  given : 

17th  May,  1789. 

The  President  of  the  United  States  wishes  to  avail  himself  of  your 
sentiments  on  the  following  points  : 

1.  Whether  a  line  of  conduct  equally  distant  from  an  association 
with  all  kinds  of  company  on  the  one  hand,  and  from  a  total  seclu- 
sion from  society  on  the  other,  ought  to  be  adopted  by  him  ?     And 
in  that  case,  how  is  it  to  be  done  ? 

2.  What  will  be  the  least  exceptionable  method  of  bringing  any 
system  which  may  be  adopted  on  this  subject  before  the  public  and 
into  use  ? 


26  SKETCHES  OF  DEBATES 

3.  Whether,  after  a  little  time,  one  day  in  every  week  will  not  be 
sufficient  for  receiving  visits  of  compliment  ? 

4.  Whether  it  would  tend  to  prompt  impertinent  applications, 
and  involve  disagreeable  consequences,  to  have  it  known  that  the 
President  will,  every  morning,  at  eight  o'clock,  be  at  leisure  to  give 
audience  to  persons  who  may  have  business  with  him  ? 

5.  Whether,  when  it  shall  have  been  understood  that  the  Presi- 
dent is  not  to  give  general  entertainments,  in  the  manner  the  Presi- 
dents of  Congress  have  formerly  done,  it  will  be  practicable  to  draw 
such  a  line  of  discrimination,  in  regard  to  persons,  as  that  six,  eight, 
or  ten  official  characters,  including  in  rotation  the  members  of  both 
Houses  of  Congress, may  be  invited,  personally  or  otherwise,  to  dine 
with  him  on  the  day  fixed  for  receiving  company,  without  exciting 
clamors  in  the  rest  of  the  community  ? 

6.  Whether  it  would  be  satisfactory  to  the  public  for  the  Presi- 
dent to  make  about  four  great  entertainments  in  a  year,  on  such 
great  occasions  as  the  anniversary  of  the  Declaration  of  Independ- 
ence, the  alliance  with  France,  the  peace  with  Great  Britain,  the  or- 
ganization of  the  General  Government ;  and  whether  arrangements 
of  these  two  last  kinds  could  be  in  danger  of  diverting  too  much  of 
the  President's  time  from  business,  or  of  producing  the  evils  which 
it  was  intended  to  avoid  by  his  living  more  recluse  than  the  Presi- 
dents of  Congress  have  hitherto  lived  ? 

7.  Whether  there  would  be  any  impropriety  in  the  President's 
making  informal  visits ;  that  is  to  say,  in  his  calling  upon  his  ac- 
quaintances or  public  characters,  for  the  purpose  of  sociability  or 
civility  ?     And  what  as  to  the  form  of  doing  it,  might  evince  these 
visits  to  have  been  made  in  his  private  character,  so  as  that  they 
may  not  be  construed  into  visits  from  the  President  of  the  United 
States  ?     And  in  what  light  would  his  visits  rarely  at  tea-parties  be 
considered  ? 

8.  Whether,  during  the  recess  of  Congress,  it  would  not  be  ad- 
vantageous to  the  interests  of  the  Union  for  the  President  to  make 
the  tour  of  the  United  States,  in  order  to  become  better  acquainted 
with  their  principal  characters  and  internal  circumstances,  as  well 
as  to  be  more  accessible  to  numbers  of  well-informed  persons  who 
might  give  him  useful  information  and  advice  on  political  subjects  ? 

9.  If  there  is  a  probability  that  either  of  the  arrangements  may 
take  place,  which  will  eventually  cause  additional  expenses,  whether 
it  would  not  be  proper  that  these  ideas  should  come  into  contem- 
plation at  the  time  when  Congress  shall  make  a  permanent  provision 
for  the  support  of  the  Executive  ? 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        27 

Remarks 

On  the  one  side  no  augmentation  can  be  effected  in  the  pecuniary 
establishment,  which  shall  be  made  in  the  first  instance  for  the  sup- 
port of  the  Executive.  On  the  other,  all  moneys  destined  to  that 
purpose,  beyond  the  actual  expenditure,  will  be  left  in  the  treasury 
of  the  United  States,  or  sacredly  applied  to  the  promotion  of  some 
national  objects. 

Many  things  which  appear  of  little  importance  in  themselves  and 
at  the  beginning,  may  have  great  and  durable  consequences  from 
their  having  been  established  at  the  commencement  of  a  new  Gen- 
eral Government.  It  will  be  much  easier  to  commence  the  admin- 
istration upon  a  well  adjusted  system,  built  on  tenable  grounds,  than 
to  correct  errors  or  alter  inconveniences  after  they  shall  have  been 
confirmed  by  habit.  The  President,  in  all  matters  of  business  and 
etiquette,  can  have  no  object  but  to  demean  himself  in  his  public 
character  in  such  a  manner  as  to  maintain  the  dignit}^  of  his  office, 
without  subjecting  himself  to  the  imputation  of  superciliousness  or 
unnecessary  reserve.  Under  these  impressions,  he  asks  for  your 
candid  and  undisguised  opinion. 

Vice  President's  Answer. 

NEW  YORK,  17th  May,  1789. 

The  Vice  President  has  the  honor  to  present  his  humble  opinion, 
on  the  points  proposed  for  his  consideration. 

1.  That  an  association  with  all  kinds  of  company,  and  a  total  se- 
clusion from  society,  are  extremes  which,  in  the  actual  circumstances 
of  this  country,  and  under  our  form  of  government,  may  be  properly 
avoided. 

2.  The  system  of  the  President  will  gradually  develop  itself  in 
practice  ,without  any  formal  communication  to  the  Legislature ,  or  pub- 
lication from  the  press.     Paragraphs  in  the  public  prints  may,  how- 
ever, appear  from  time  to  time,  without  any  formal  authority,  that 
may  lead  and  reconcile  the  public  mind. 

3.  Considering  the  number  of  strangers  from  many  countries,  and 
of  citizens  from  various  states,  who  will  resort  to  the  seat  of  gov- 
ernment, it  is  doubted  whether  two  days  in  the  week  will  not  be  in- 
dispensable for  visits  of  compliment.     A  little  experience,  however, 
will  elucidate  this  point. 

4.  Under  the  fourth  head,  it  is  submitted  to  consideration  whether 
all  personal  applications  ought  not  to  be  made,  in  the  first  instance, 
to  a  minister  of  state.     Yet  an  appeal  should  be  open,  by  petition, 
to  the  President,  who,  if  he  judges  the  subject  worthy  of  it,  may 
admit  the  party  to  a  personal  interview.     Access  to  the  Supreme 


28  SKETCHES  OF  DEBATES 

Magistrate  ought  not  to  be  rigorously  denied  in  any  case  that  is 
worthy  of  his  consideration.  Nevertheless,  in  every  case,  the  name, 
quality,  and,  when  these  are  not  sufficient  to  raise  a  presumption  in 
their  favor,  their  business,  ought  to  be  communicated  to  a  chamber- 
lain or  gentleman  in  waiting,  who  should  judge  whom  to  admit  and 
whom  to  exclude.  Some  limitation  of  time  may  be  necessary,  too, 
as,  for  example,  from  eight  to  nine  or  ten ;  for,  without  it,  the  whole 
forenoon,  or  the  whole  day,  may  be  taken  up. 

5.  There  is  no  doubt  that  the  President  may  invite  what  official 
characters,  members  of  Congress,  strangers,  or  citizens  of  distinc- 
tion he  pleases,  in  small  parties,  without  exciting  clamors;  but  this 
should  always  be  done  without  formality. 

6.  The  entertainments  mentioned  in  this  article  would  much  more 
properly  be  made  by  a  minister  of  state  for  foreign  or  domestic 
affairs,  or  some  other  minister  of  state,  or  the  Vice  President,  whom, 
upon  such  occasions,  the  President,  in  his  private  character,  might 
honor  with  his  presence.     But  in  no  case  whatever  can  I  conceive 
it  proper  for  the  President  to  make  any  formal  public  entertainment. 

7.  There  can  be  no  impropriety  in  the  President's  making  or  re- 
ceiving informal  visits  among  his  friends  or  acquaintances  at  his 
pleasure.     Undress,  and  few  attendants,  will  sufficiently  show  that 
such  visits  are  made  as  a  man,  a  citizen,  a  friend,  or  acquaintance. 
But  in  no  case  whatever  should  a  visit  be  made  or  returned  in  form 
by  the  President ;  at  least,  unless  an  Emperor  of  Germany,  or  some 
other  sovereign,  should  travel  to  this  country.      The  President's 
pleasure  should  absolutely  decide  concerning  his  attendance  at  tea- 
parties  in  a  private  character,  and  no  gentleman  or  lady  ought  ever 
to  complain  if  he  never  or  rarely  attends.     The  President's  private 
life  should  be  at  his  own  discretion,  and  the  world  should  respect- 
fully acquiesce.     As  President,  he  should  have  no  intercourse  with 
society,  but  upon  public  business,  or  at  his  levees.     This  distinction 
it  is,  with  submission,  apprehended,  ought  to   govern  the  whole 
conduct. 

8.  A  tour  might,  no  doubt,  be  made  with  great  advantage  to  the 
public,  if  the  time  can  be  spared;  but  it  will  naturally  be  consid- 
ered, as  foreign  affairs  arrive  every  day,  and  the  business  of  the 
executive  and  judicial  departments  will  require  constant  attention, 
whether  the  President's  residence  will  not  necessarily  be  confined 
to  one  place. 

Observations. 

The  civil  list  ought  to  provide  for  the  President's  household. 
What  number  of  chamberlains,  aides-de-camp,  secretaries,  masters 
of  ceremonies,  &c.,  will  become  necessary,  it  is  difficult  to  foresee. 


IN  THE  FIRST  SEN  ATP;  OF  THE  UNITED  STATI  29 

But  should  not  all  such  establishments  be  distinct  from  the  allow- 
ance to  the  President  for  his  services,  which  is  mentioned  in  the 
Constitution  ?  In  all  events,  the  provision  for  the  President  and 
his  household  ought  to  be  large  and  ample.  The  office,  by  its  legal 
authority,  denned  in  the  Constitution,  has  no  equal  in  the  world, 
excepting  those  only  which  are  held  by  crowned  heads  ;  nor  is  the 
royal  authority  in  all  cases  to  be  compared  to  it.  The  royal  office 
in  Poland  is  a  mere  shadow  in  comparison  with  it.  The  Dogeship 
in  Venice,  and  the  Stadtholdership  in  Holland,  are  not  so  much. 
Neither  dignity  nor  authority  can  be  supported  in  human  minds, 
collected  into  nations  or  any  great  numbers,  without  a  splendor  and 
majesty  in  some  degree  proportioned  to  them.  The  sending  and 
receiving  ambassadors  is  one  of  the  most  splendid  and  important 
prerogatives  of  sovereigns,  absolute  or  limited ;  and  this,  in  our 
Constitution,  is  wholly  in  the  President.  If  the  state  and  pomp 
essential  to  this  great  department  are  not  in  a  good  degree  pre- 
served, it  will  be  in  vain  for  America  to  hope  for  consideration  with 
foreign  powers. 

These  observations  are  submitted,  after  all,  with  diffidence,  con- 
scious that  my  long  residence  abroad  may  have  impressed  me  with 
views  of  things  incompatible  with  the  present  temper  and  feelings 
of  our  fellow-citizens,  and  with  a  perfect  disposition  to  acquiesce  in 
whatever  may  be  the  result  of  the  superior  wisdom  of  the  Presi- 
dent. 

Attended  Senate.  Soon  after  the  bill  prescribing  the  oath,  &c., 
was  taken  up,  and  the  amendments. 

On  the  Senate  journal,  under  date  of  May  2,  it  is  stated  that  Mr. 
Strong,  from  the  committee  to  whom  the  bill  from  the  House  of 
Representatives  was  referred,  to  regulate  the  time  and  manner  of  ad- 
ministering certain  oaths,  reported  sundry  amendments  thereto, 
which  were  assigned  for  consideration  on  Monday  next. 

Monday,  May  4.  The  Senate  proceeded  to  the  consideration  of 
the  report  of  the  committee  on  the  bill  to  regulate  the  time  and 
manner  of  administering  certain  oaths. 

In  line  one,  strike  out  the  words  ''  Congress  of  the  United  States," 
and  insert,  "  Senate  and  Representatives  of  the  United  States  of 

NOTE. — It  is  a  singular  fact  that  this  should  be  the  only  answer  to  the  Presi- 
dent's queries  on  this  delicate  subject  which  has  been  found  among  Wash- 
ington's papers.  It  is  certain  that  he  submitted  them  to  Mr.  Madison  and  Mr. 
Jay,  and  it  is  likely  to  several  other  persons  in  whose  judgment  he  trusted. 
Mr.  Hamilton's  answer,  which  is  informal,  has  been  published,  for  the  first 
time,  in  the  late  collection  made  of  his  works,  vol.  4,  page  1. 


30  SKETCHES  OF  DEBATES 

America,  in  Congress  assembled."  At  the  end  of  the  second  para- 
graph, add  the  words  "  of  the  Senate,"  and  insert  the  following 
clause : 

u  And  be  it  further  enacted,  that  the  members  of  the  several  State 
Legislatures,  and  all  executive  and  judicial  officers  of  the  several 
States,  who  have  been  heretofore  chosen  or  appointed,  or  who  shall 
be  chosen  or  appointed  before  the  first  day  of  August  next,  and  who 
shall  then  be  in  office,  shall,  within  one  month  thereafter,  take  the 
same  oath  or  affirmation,  except  where  they  shall  have  taken  it  be- 
fore ;  which  may  be  administered  by  any  person  authorized  by  the 
law  of  the  State  in  which  such  office  shall  be  holden  to  administer 
oaths.  And  the  members  of  the  several  State  Legislatures,  and  all 
executive  and  judicial  officers  of  the  several  States,  who  shall  be 
chosen  or  appointed  after  the  said  first  day  of  August  next,  shall, 
before  they  proceed  to  execute  the  duties  of  their  respective 
offices,  take  the  foregoing  oath  or  affirmation,  which  shall  be  admin- 
istered by  person  or  persons,  who,  by  the  law  of  the  State,  shall  be 
authorized  to  administer  the  oath  of  office ;  and  the  person  or  per- 
sons so  administering  the  oath  hereby  required  to  be  taken,  shall 
cause  a  record  or  certificate  thereof  to  be  made,  in  the  same  manner 
as  by  the  law  of  the  State,  he  or  they  shall  be  directed  to  record  or 
certify  the  oath  of  office."- 

In  the  last  paragraph,  strike  out  the  words  "  of  the  United  States 
of  America,"  in  the  third  and  fourth  lines,  and  insert  the  same  words 
in  the  fourth  line,  next  after  the  words  "  as  the  case  may  be ;  "  and 
which  being  accepted,  Tuesday  morning,  eleven  o'clock,  was  assigned 
for  the  third  reading  of  the  bill. 

Mr.  Maclay,  in  his  journal,  remarks  : 

The  first  amendment  Was  on  the  enacting  clause.  It  stood  by  the 
Congress  of  the  United  States.  The  amendment,  by  the  Senate  and 
Representatives. 

It  was  openly  avowed  by  Mr.  Izard  that  the  dignity  and  preemi- 
nence of  the  Senate  was  the  object  aimed  at  by  the  amendment. 
But  the  words  of  the  Constitution  are,  All  legislative  power  herein 
granted,  shall  be  vested  in  a  Congress  of  the  United  States.  Again, 
section  eight.  The  Congress  shall  have  power,  &c.  The  amount  of 
all  I  said  resolved  itself  into  this.  The  legislative  authority  (the  power 
of  making  laws  in  certain  cases)  is  given  to  Congress.  Let  Con- 
gress execute  this  trust  under  the  same  name.  In  other  words,  it 
is  under  the^rm  of  Congress,  that  we  have  received  our  authority 
and  power.  Let  us  execute  it  under  the  same  firm. 

Ellsworth,  who  is  a  vastly  better  speaker  than  I  am,  was  in  senti- 
ment with  me  this  time.  He  placed  the  subject  in  various  lights, 


IN  THE  FIRST  SKXATE  OF  THE  UNITED  STATES.        31 

and  said  enough,  I  thought,  to  convince  any  one  who  was  not  deter- 
mined to  be  otherwise.  But  the  fact  with  us  is,  that  the  point  sought 
after  is  to  find  what  will  be  most  agreeable ;  or,  in  other  words, 
where  will  the  majority  be ;  for  never  was  a  text  more  practiced  on 
than  that,  in  a  multitude  of  counselors  (say  Senators)  there  is  safe- 
ty. Indeed,  it  seems  the  governing  principle. 

Mr.  Izard  gave  us  a  kind  of  dissenting  speech  from  both  original 
and  amendment.  He  wanted  the  President's  name  in  it. 

The  President  rose  in  the  chair  to  deliver  sentiments  to  the  same 
purpose  ;  and  upon  this  principal  he  was  rather  against  the  amend- 
ment, because  it  did  not  mention  the  President.  The  amendment 
carried. 

The  next  amendment  was  a  clause  obliging  the  officers  of  the 
State  Legislatures  to  take  the  oath  within  a  month  after  the  1st  of 
August. 

Mr.  Ellsworth  argued  on  the  inaccuracy  of  the  language  of  the 
amendment — that  it  was  doubtful  as  to  the  intent  of  it  every  way. 
I  thought  he  nearly  exhausted  the  subject. 

Before  the  vote  was  put  I  chose  to  say  something.  It  amounted 
to  this — that  the  subject  was  a  doubtful  one  every  way — the  power 
of  Congress  at  any  time ;  or  the  propriety  of  exercising  it  at  this 
time,  if  admitted.  The  words  of  the  amendment  were  also  doubt- 
ful and  doubted.  I  would,  therefore,  deal  in  no  doubtful  matters. 

Izard  rose  in  a  flame  ;  declared  he  knew  not  what  gentlemen  meant 
by  talking  of  doubts — he  never  heard  of  any.  He  was  very  angry. 

Mr.  Langdon  followed  him.  Read  the  Constitution,  that  all  offi- 
cers, both  of  the  United  States  and  several  States,  shall  be  bound 
by  oath,  &c. 

I  had  to  get  up  in  my  own  defense.  I  observed  that  gentlemen 
mistook  the  point.  The  question  was  not  whether  the  officers  should 
take  the  oath,  but  was  it  our  business  to  interfere  in  it.  It  was 
equally  clear  that  Senators,  Representatives,  and  electors  were  to  be 
chosen  by  the  State,  but  who  ever  thought  of  a  law  to  oblige  them 
to  do  these  things.  The  adopting  States,  by  the  terms  of  their  adop- 
tion, had  pledged  themselves  to  conform  to  the  Constitution,  which 
contained  these  things  among  its  fundamental  rules.  Among  the 
powers  delegated  to  Congress  this  was  not  mentioned,  nor  was  it 
necessary,  being  already  provided  for  in  the  Constitution. 

As  to  doubts,  individuals  had  doubted,  and  States  had  doubted. 
Massachusetts,  it  appeared,  considered  the  power  of  making  a  law 
to  be  with  Congress.  Connecticut  thought  so  differently  that  they 
had  passed  a  State  law  for  the  purpose.  For  my  part,  I  greatly 
doubted,  at  least,  the  propriety  of  meddling  with  it,  unless  the 


32  SKETCHES  OF  DEBATES 

States  should  be  guilty  of  neglect.  But  I  was  not  so  uncharitable 
as  to  damn  him  that  doubted  not. 

Up  rose  Lee.  He  was  for  the  amendment,  but  had  more  doubts 
than  anybody. 

The  rage  of  speaking  caught  hold  of  half  the  Senate  at  least. 
Some  sensible  things  were  said,  but  a  great  many  foolish  ones.  Ells- 
worth rose  a  second  time.  He  took  nearly  the  track  I  had  been  on ; 
but  he  explained  everything  with  a  clearness  and  perspicuity  which 
I  was  quite  incapable  of.  I  was  highly  pleased  with  him.  How 
readily  the  sentimental  strings  sound  unisons  when  both  are  touched 
by  the  same  agreeable  motive.  But  enough  ;  the  amendment  was 
carried  against  us. 

I  learned  this  day  that  the  title  selected  from  all  the  potentates  of 
the  earth  for  our  President  was  to  have  been  taken  from  Poland, 
viz :  Elective  majesty.  What  a  royal  escape. 

Dined  this  day  with  the  French  minister.  The  first  place  I  have 
been  at  since  my  illness.  But  I  have  minuted  enough  for  this  day  ; 
so  stop. 

The  Senate  journal  is  as  follows  : 

Thursday,  May  5.  The  bill  to  regulate  the  time  and  manner  of 
administering  certain  oaths  was  read  the  third  time  and  passed,  with 
amendments. 

Ordered,  That  the  Secretary  carry  the  aforementioned  bill  to  the 
House  of  Representatives,  together  with  the  amendments,  and  ad- 
dress the  Speaker  in  the  words  following  : 

SIR  :  The  Senate  have  passed  the  bill,  entitled  "An  act  to  regulate 
the  time  and  manner  of  administering  certain  oaths,'1  with  amend- 
ments, to  which  they  desire  the  concurrence  of  your  House. 

Ordered,  That  when  a  bill  has  passed  the  Senate,  the  Secretary 
shall  indorse  the  final  determination  thereon,  and  the  day  when  such 
final  question  was  taken,  previous  to  its  being  transmitted  to  the 
House  of  Representatives : 

Mr.  Maclay,  in  his  journal,  remarks  : 

May  5.  The  bill  of  yesterday  had  a  third  reading.  But  now  how 
is  it  to  be  sent  to  the  other  House.  A  motion  was  made  and  sec- 
onded, that  it  go  by  the  Secretary.  From  half  after  eleven  to  half 
after  one,  was  this  important  question  agitated.  The  other  House 
had  effronted  the  Senate  by  sending  up  the  bill  in  a  letter ;  and  now 
we  would  not  send  it  down  by  a  member.  The  dignity  of  the  House 
was  much  insisted  on.  We  were  plagued  with  the  Houses  of  Lords 
and  Commons,  and  parliamentary  was  the  supplementary  word  to 
every  sentence.  I  doubted  much  whether  I  should  rise  or  not. 
However,  where  everybody  had  something  to  say,'  I  scorned  to  be 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        33 

silent.  I  remarked  that  I  rose  with  reluctance  on  a  subject  when  I 
had  not  been  able  to  draw  any  information  from  experience,  as  the 
State  I  had  the  honor  to  represent  had  but  one  House.  Yet  from 
what  I  could  learn,  the  States  in  the  Union,  which  had  two  Houses, 
carried  on  their  communications  by  their  members.  That  this  I 
considered  the  most  cordial  and  friendly  mode  of  intercourse ;  and 
that  I  would  much  rather  take  example  from  our  own  States  than 
from  Great  Britain.  That  this  intercourse,  therefore,  was  the  one 
which  I  most  sincerely  wished,  and  thought  the  sooner  it  was  adopted 
the  better.  If  our  members  should  be  ill-treated  below,  as  had  been 
alleged  by  some  gentlemen,  the  fault  would  not  be  ours  ;  and  then 
we  would  be  fully  justified  by  adopting  some  other  mode.  A  com- 
munication by  our  Secretary  was  a  bad  one — it  interrupted  business, 
as  we  could  not  proceed  without  him.  If  we  meant  it  by  way  of 
returning  the  affront  that  had  been  offered  us,  this  was  wrong.  We 
should  send  the  bill  by  letter ;  and  this  would  be  treating  them  in 
kind. 

I  was  answered — at  least,  an  attempt  was  made  ;  but  I  was  not 
convinced.  Mr.  Langdon  got  up  soon  after,  and  seemed  to  adopt 
all  I  had  said ;  but  the  motion  was  carried  against  us.  Mr.  Ells- 
worth was  with  us,  and  so  was  Mr.  Carroll;  but  he  concluded,  with 
saying,  he  would,  this  time,  vote  for  the  Secretary  to  go  down  with 
the  bill. 

I  forgot  to  minute  a  very  long  speech  of  Mr.  Ellsworth,  when  the 
bill  was  on  the  third  reading.  He  prefaced  his  discourse  by  saying 
he  would  make  no  motion,  but  gentlemen  might  do  as  they  pleased 
after  he  had  delivered  his  sentiments.  The  whole  amounted  to  this, 
that  the  great  and  dignified  station  of  the  President,  and  the  con- 
spicuous part  which  he  would  act  in  the  field  of  legislation,  as  all 
laws  must  pass  in  review  before  him,  and  were  subject  to  his  revis- 
ion and  correction,  &c.,  &c.,  entitled  him  to  have  his  name  or  place 
marked  in  the  enacting  clause  of  the  laws ;  or,  at  least,  he  should 
be  brought  into  view  among  the  conspicuous  parts  of  Congress. 

Ideas  of  the  above  kind  were  dwelt  on,  and  varied  with  agreeable 
enough  diction,  for  near  a  quarter  of  an  hour.  I  was  confident  he 
neither  wished  nor  expected  to  have  any  serious  motion  made  on 
such  untenable  ground.  What,  then,  could  be  his  motive,  solely  to 
play  the  courtier.  Something  of  this  kind  had  been  hinted  from  the 
Chair.  Mr.  Izard  had  been  explicit  on  the  subject.  Mr.  Ellsworth 
now  plays  the  middle  game.  He  knows  the  thing  cannot  take  place, 
but  he  will  bring  it  fully  into  view,  so  that  he  can  say  it  was  not  my 
fault,  and  thus  secure  his  interest  with  the  high-toned  courtiers. 
No  motion  was  made.  Indeed,  the  spirit  of  his  address  was  reduc- 
3 


34  SKETCHES  OF  DEBATES 

ible  to  this :    I  will  make  no  motion.     If  any  of  you  are  foolish 
enough  to  do  it  you  may. 

May  6.  No  Senate  this  day.  There  was  a  Commencement  at  St. 
Paul's  church.  The  Senate  were  served  with  tickets.  Dr.  Johnson, 
the  principal  of  the  college,  could  not  attend  with  us.  I  had  heard 
that  Mr.  Morris  was  come  to  town.  I  went  for  his  lodging.  This, 
another  useless  journey,  for  he  has  not  come.  I  would  have  been 
very  glad  of  Mr.  Morris'  company.  It  has  happened  otherwise,  I 
have  been  alone.  I  have  had  to  bear  the  chilling  cold  of  the  North 
and  the  intemperate  warmth  of  the  South,  neither  of  which  are  fav- 
orable to  the  middle  States,  from  which  I  come.  Lee  and  Izard, 
hot  as  the  burning  sand  of  Carolina,  hate  us.  Adams,  with  all  his 
frigid  friends,  cool  and  wary,  bear  us  no  good  will.  I  could  not 
find  a  confidant  in  one  of  them ;  or  say,  to  my  heart,  here  is  the 
man  I  can  trust.  What  has  been  my  conduct  then — spirit  of  recti- 
tude bear  witness  for  me — have  I  trimmed  to  one  of  them  ?  Or  have 
I  once  withheld  a  single  sentiment  that  my  judgment  approved  of  ? 
I  trust  I  have  not.  Regardless  of  consequences,  with  no  eye  to 
emolument,  without  desire  for  reappointment,  I  mean  to  act  as  if  I 
were  immortal,  and  yet  I  wish  to  give  satisfaction  and  content  to 
the  State  that  sent  me  here.  Never,  however,  will  I  purchase  that 
with  discontent  in  my  own  bosom ;  nor  does  my  dear  country  de- 
mand such  a  sacrifice  at  my  hand. 

The  journal,  under  date  of  the  7th  May,  proceeds  : 
The  committee  reported  an  answer  to  the  President's  speech.  It 
was  read.  One  part  was  objected  to,  which  stated  the  United  States 
to  have  been  in  anarchy  and  confusion,  and  the  President  stepping 
in  and  rescuing  them.  A  very  long  debate.  The  words  were  struck 
out.  Mr.  Lee  offered  a  part  of  a  sentence  which  I  thought  filled 
the  sentence  with  propriety.  It  was,  however,  lost.  Mr.  Patterson 
offered  a  clause,  "  rescued  us  from  evils  impending  over  us."  This 
was  carried  ;  but  nearly  half  the  Senate  made  sour  faces  at  it.  Mr. 
Ellsworth  said  it  was  tautological ;  but  seemed  at  a  loss  as  to  mend- 
ing it.  I  rose,  more  in  consequence  of  a  kind  of  determination 
that  I  have  adopted  of  saying  something  every  day  than  from  any 
fondness  of  the  subject.  I  admitted  that  there  appeared  something 

NOTE. — It  is  said  that  the  celebrated  Charles  Fox,  in  his  early  service  in 
Parliament,  was  in  the  habit  of  speaking  as  frequently  as  a  suitable  oppor- 
tunity was  offered  him.  One  object  in  his  course  was  to  advance  his  reputa- 
tion as  an  orator ;  and  to  this  practice,  it  is  said  that  he  attributed,  in  a  consid- 
erable degree,  his  proficiency  as  a  debater.  Of  him  Burke  said  that  he  was 
"the  greatest  debater  the  world  ever  saw."  Pitt  observed  that  "whenever  I 
have  made  a  better  speech  than  usual,  I  observe  that  Fox,  in  his  reply,  sur- 
passes himself." — See  Earl  Russell's  Recollections,  219,  220. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        35 

tautological  in  the  words,  and  it  was  not  easy  to  mend  them  con- 
sistent with  elegant  diction  ;  but  if  the  first  syllable  was  taken  from 
the  word  impending,  it  would  then  stand,  "  evils  pending  over  us." 
The  objection  would  be  obviated,  but  I  would  not  say  the  language 
would  be  eloquent.  But  since  I  was  up,  I  could  not  help  remarking 
that  I  thought  the  whole  clause  improper.  That  to  state  the  whole 
Union  as  being  in  anarchy,  or  under  impending  ruin,  was  to  sanc- 
tify the  calumnies  of  our  enemies,  who  had  long  labored  in  the  for- 
eign gazettes  to  represent  us  as  a  people  void  of  government.  It 
was  fixing  a  stain  on  the  annals  of  America ;  for  future  historians 
would  appeal  to  the  transactions  of  this  very  day  as  a  proof  of 
our  disordered  circumstances.  I,  therefore,  was  against  the  whole 
clause.' 

Mr.  Wyngate  followed  me,  and  was  for  having  the  clause  struck 
out.  This  could  not  well  be  done,  consistent  with  order.  I  men- 
tioned that  if  a  reconsideration  was  moved,  I  would  second  it.  It 
was  reconsidered  and  amended,  and  afterwards  recommitted  to  the 
same  committee.  They  retired  for  the  purpose  of  dressing  it. 

Now,  the  President  rose,  to  draw  the  attention  of  the  Senate  to 
the  manner  of  returning  the  answer  to  the  President.  A  committee 
was  appointed  to  confer,  on  this  and  other  subjects,  with  a  commit- 
tee of  the  Representatives. 

There  are  three  ways,  gentlemen,  (said  our  President,)  by  which 
the  President  may  communicate  with  us.  One  is,  personally.  If 
lie  comes  here,  we  must  have  a  seat  for  him.  In  England,  it  is 
called  a  throne.  To  be  sure,  it  is  behind  that  seat  we  must  seek  for 
shelter  and  protection.  The  second  is  by  a  Minister  of  State.  The 
third  is  by  his  chamberlain,  or  one  of  his  aids-de-camp ,  I  had  almost 
said  ;  but  that  is  a  military  phrase.  It  may  become  a  great  consti- 
tutional question. 

Seeing  the  House  look  blank,  he  said,  I  throw  these  things  out 
for  gentlemen  to  think  of. 

Mr.  Lee  got  up,  and  said  something  on  the  propriety  of  having  a 
seat,  with  a  canopy,  for  the  President. 

Mr.  Langdon  said  something,  but  did  not  seem  well  collected,  and 
spoke  so  low,  I  did  not  hear  him.  The  time  was  trifled  till  near 
eight  o'clock.  The  day  was  cold,  and  the  members  collected  near 
the  fire,  leaving  their  seats.  The  committee  returned  with  the  mes- 
sage, and  it  really  read  vastly  better,  and  was  altered  in  the  except- 
ion;! hie  phrases.  In  one  place,  speaking  of  the  Government,  it  men- 
tioned dignity  and  splendor.  I  submitted  it  to  the  gentlemen  who 
had  the  amending  of  it,  whether  respectability  was  not  better  than 
splendor.  Mr.  Carroll,  of  the  committee,  did  not  defend  the  word 


36  SKETCHES  OF  DEBATES 

splendor ;  but  said  respectability  had  been  used  before,  if  he  recol- 
lected right.  Mr.  Patterson  said  it  sounded  much  better  than  re- 
spectability, and  rounded  the  period.  Doctor  Johnson  said  splendor 
signified,  in  this  place,  the  highest  perfection  of  government.  These 
were  the  three  members  of  the  committee. 

I  mentioned  that  if  the  word  respectability  had  been  used  imme- 
diately before,  it  would  be  improper  ;  that  dignity  alone,  I  thought, 
expressed  all  that  was  wanted.  As  to  the  seeking  of  sounding 
names  and  pompous  expressions,  I  thought  them  exceptionable  on 
that  very  account,  and  that  no  argument  was  necessary  to  show  it. 
Different  men  had  a  train  of  different  ideas  raised  by  the  same 
word.  (Splendor,  when  applied  to  government,  brought  into  my 
mind,  instead  of  the  highest  perfection,  all  the  faulty  finery,  brilli- 
ant scenes,  and  expensive  trappings  of  royal  government,  and  im- 
pressed my  mind  with  an  idea  quite  the  reverse  of  republican  re- 
spectability, which,  I  thought,  consisted  in  firm  and  prudent  coun- 
cils, frugal^,  and  economy.  I  found  I  was  well  seconded,  and  con- 
cluded that  my  motion  went  to  recommend  a  reconsideration  of  the 
word  splendor  to  the  committee.  They  did  not  alter  it,  and  the  an- 
swer was  agreed  to. 

The  President  rose  in  the  chair,  and  repeated  twice,  with  more 
joy  on  his  face  than  I  had  ever  seen  him  assume  before,  that  he  hoped 
the  Government  would  be  supported  with  dignity  and  splendor.  I 
thought  he  did  it  by  way  of  triumph  over  me  for  a  former  defeat  I 
gave  him,  but  it  may  be  I  was  mistaken. 

The  following  is  the  answer  to  the  President's  speech,  reported 
by  the  committee : 

SIR  :  We,  the  Senate  of  the  United  States,  return  you  our  sincere 
thanks  for  your  excellent  speech  delivered  to  both  Houses  of  Con- 
gress ;  congratulate  you  on  the  complete  organization  of  the  Federal 
Government ;  and  felicitate  ourselves  and  our  fellow-citizens  on 
your  elevation  to  the  office  of  President ;  an  office  highly  important 
by  the  powers  constitutionally  annexed  to  it,  and  extremely  honor- 
able from  the  manner  in  which  the  appointment  is  made.  The  unan- 
imous suffrage  of  the  elective  body  in  your  favor,  is  peculiarly  ex- 
pressive of  the  gratitude,  confidence,  and  affection  of  the  citizens 
of  America,  and  is  the  highest  testimonial  at  once  of  your  merit 
and  their  esteem.  We  are  sensible,  sir,  that  nothing  but  the  voice 
of  your  fellow-citizens  could  have  called  you  from  a  retreat,  chosen 
with  the  fondest  predilection,  endeared  by  habit,  and  consecrated 
by  the  repose  of  declining  years.  We  rejoice,  and  with  us  all  Amer- 
ica, that,  in  obedience  to  the  call  of  our  common  country,  you  have 
returned  once  more  to  public  life.  In  you  all  parties  confide ;  in 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      :>7 

you  all  interests  unite ;  and  we  have  no  doubt  that  your  past  ser- 
vices, great  as  they  have  been,  will  be  equaled  by  your  future  exer- 
tions ;  and  that  your  prudence  and  sagacity  as  a  statesman  will  tend 
to  avert  the  dangers  to  which  we  are  exposed,  to  give  stability  to 
the  present  government,  and  dignity  and  splendor  to  that  country 
which  your  skill  and  valor  as  a  soldier  so  eminently  contributed  to 
raise  to  independence  and  empire. 

When  we  contemplate  the  coincidence  of  circumstances  and  won- 
derful combinations  of  causes,  which  gradually  prepared  the  people 
of  this  country  for  independence — when  we  contemplate  the  rise, 
progress,  and  termination  of  the  late  war,  which  gave  them  a  name 
among  the  nations  of  the  earth %  we  are,  with  you,  unavoidably  led 
to  acknowledge  and  adore  the  great  Arbiter  of  the  universe,  by 
whom  empires  rise  and  fall.  A  review  of  the  many  signal  instances 
of  divine  interposition,  in  favor  of  this  country,  claims  our  most 
pious  gratitude ;  and,  permit  us,  sir,  to  observe,  that,  among  the 
great  events  which  have  led  to  the  formation  and  establishment  of  a 
Federal  Government,  we  esteem  your  acceptance  of  the  office  of 
President  as  one  of  the  most  propitious  and  important. 

In  the  execution  of  the  trust  reposed  in  us,  we  shall  endeavor  to 
pursue  that  enlarged  and  liberal  policy  to  which  your  speech  so 
happily  directs.  We  are  conscious  that  the  prosperity  of  each  State 
is  inseparably  connected  with  the  welfare  of  all,  and  that,  in  pro- 
moting the  latter,  we  shall  effectually  advance  the  former.  In  full 
persuasion  of  this  truth,  it  shall  be  our  invariable  aim  to  divest  our- 
selves of  local  prejudices  and  attachments,  and  to  view  the  great 
assemblage  of  communities  and  interests  committed  to  our  charge 
with  an  equal  eye.  We  feel,  sir,  the  force,  and  acknowledge  the  just- 
ness of  the  observation,  that  the  foundation  of  our  National  policy 
should  be  laid  in  private  morality.  If  individuals  be  not  influenced 
by  moral  principles,  it  is  in  vain  to  look  for  public  virtue ;  it  is, 
therefore,  the  duty  of  Legislators  to  enforce,  both  by  precept  and 
example,  the  ultility ,  as  well  as  the  necessity,  of  a  strict  adherence  to 
the  rules  of  distributive  justice.  We  beg  you  to  be  assured  that 
the  Senate  will,  at  all  times,  cheerfully  cooperate  in  every  measure 
which  may  strengthen  the  Union,  conduce  to  the  happiness,  or  secure 
and  perpetuate  the  liberties  of  this  great  confederated  Republic. 

We  commend  you,  sir,  to  the  protection  of  Almighty  God,  earn- 
estly beseeching  Him  long  to  preserve  a  life  so  valuable  and  dear  to 
the  people  of  the  United  States ;  and  that  your  administration  may 
1)'  prosperous  to  the  nation  and  glorious  to  yourself. 

Read  and  accepted ;  and  ordered  that  the  Vice  President  should 
affix  his  signature  to  the  address,  in  behalf  of  the  Senate. 


38  SKETCHES  OF  DEBATES 

As  to  the  Subject  of  Titles. 

May  8.  Senate  formed.  Mr.  Ellsworth  moved  for  the  report  of 
the  joint  committee  on  the  subject  of  Titles  to  be  taken  up ;  and  it 
was  accordingly  done.  Mr.  Lee  led  the  business.  He  took  his 
old  ground — all  the  world,  civilized  and  savage,  called  for  titles. 
There  must  be  something  in  human  nature  that  occasioned  this  gen- 
eral consent ;  therefore  he  conceived  it  was  right.  Here  he  began 
to  enumerate  many  nations  who  gave  titles — such  as  Venice,  Genoa, 
&c.  The  Greeks  and  Romans,  it  was  said,  had  no  titles  ;  but,  mak- 
ing a  profound  bow  to  the  Chair,  you  were  pleased  to  set  us  right 
in  this,  with  respect  to  the  Conscript  Fathers,  the  other  day.  Here 
he  repeated  the  President's  speech,  of  the  23d  ultimo,  all  over,  al- 
most verbatim. 

Mr.  Ellsworth  rose.  He  had  a  paper  in  his  hat,  which  he  looked 
constantly  at.  He  repeated  almost  all  that  Mr.  Lee  had  said,  but 
got  on  the  subject  of  Kings — declared  that  the  sentence,  in  the 
primer,  of  "  fear  God  and  honor  the  King"  was  of  great  import- 
ance— that  kings  were  of  divine  appointment.  Saul,  the  head  and 
shoulders  taller  than  the  rest  of  the  people,  was  elected  by  God  and 
anointed  by  His  appointment. 

I  sat  after  he  had  done  for  a  considerable  time  to  see  if  anybody 
would  rise.  At  last  I  got  up.  and  first  answered  Lee,  as  well  as  I 
could,  with  nearly  the  same  arguments,  drawn  from  the  Constitu- 
tion, as  I  had  used  on  the  23d  ultimo.  I  mentioned  that  within 
the  space  of  the  last  twenty  years,  more  light  had  been  thrown  on 
the  subject  of  government,  and  on  human  affairs  in  general,  than 
for  several  generations  before.  This  light  of  knowledge  had  dimin- 
ished the  veneration  for  titles ;  and  that  mankind  now  considered 
themselves  as  little  bound  to  imitate  the  follies  of  civilized  nations 
as  the  brutalities  of  savages.  The  abuse  of  power  and  the  fear  of 
bloody  masters  had  extorted  titles,  as  well  as  adoration,  in  some 
instances,  from  the  trembling  crowd.  The  impresson  now  on  the 
minds  of  the  citizens  of  these  States,  was  that  of  horror  for  kingly 
authority. 

Izard  got  up.  He  dwelt  almost  entirely  on  the  antiquity  of  kingly 
government.  He  could  not,  however,  well  get  further  back  than 
Philip  of  Macedon.  He  seemed  to  have  forgotten  both  Homer  and 
the  Bible.  He  urged  for  something  equivalent  to  nobility  having 
been  common  among  the  Romans ;  for  they  had  three  names  that 
seemed  to  answer  to  Honorable,  or  something  like  it  before  and 
something  like  it  behind.  He  did  not  say  Esquire. 

Mr.  Carroll  rose,  and  took  my  side  of  the  question.     He  followed 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        39 

nearly  the  track  I  had  been  in,  and  dwelt  miich  on  the  information 
that  was  now  abroad  in  the  world.  He  spoke  against  Kings. 

Mr.  Lee  and  Mr.  Izard  were  both  up  again.  Langdon  was  up 
several  times,  but  spoke  short  each  time.  Patterson  was  up,  but 
there  was  no  knowing  which  he  was  of.  Lee  considered  him  against 
him,  and  answered  him  ;  but  Patterson  finally  voted  with  Lee.  Ells- 
worth was  enumerating  how  common  the  appellation  of  President 
was.  .  The  President  put  him  in  mind  that  there  were  presidents  of 
fire  companies  and  of  a  cricket  club.  Mr.  Lee,  at  another  time,  was 
saying  he  believed  that  some  of  the  States  authorized  titles  by  their 
constitution.  The  President,  from  the  chair,  told  him  that  Connect- 
icut did  it.  At  sundry  other  times,  he  interfered  in  a  like  manner. 
I  had  been  frequently  up,  to  answer  new  points,  during  the  debate. 
I  collected  myself  for  a  last  effort. 

I  read  the  clause  in  the  Constitution  against  titles  of  nobility — 
showed  that  the  spirit  of  it  was  against  not  only  granting  titles  by 
Congress,  but  against  the  permission  of  foreign  potentates  granting 
any  titles  whatever.  As  to  kingly  government,  it  was  equally  out 
of  the  question,  as  a  republican  government  was  guaranteed  to 
every  State  in  the  Union  ;  that  they  were  both  equally  the  forbidden 
fruit  of  the  Constitution.  I  called  the  attention  of  the  House  to 
the  consequences  that  were  likely  to  follow.  Gentlemen  seemed  to 
court  a  rupture  with  the  other  House.  The  yflepresentatives  had 
adopted  the  report,  and  were  this  day  acting  on  it,  or,  according  to 
the  spirit  of  the  report.  We  were  proposing  a  title.  Our  conduct 
would  mark  us  to  the  world  as  actuated  with  the  spirit  of  dissen- 
tion,  and  the  characters  of  the  Houses  would  l)e  as  aristocratic  and 
democratical.  The  report  was,  however,  rejected. 

Excellency  was  moved  for  as  a  title  by  M1 .  Izard.  It  was  with- 
drawn by  Mr.  Izard,  and  highness^  with  some  prefatory  word,  pro- 
posed by  Mr.  Lee.  Now  long  harrangues  were  made  in  favor  of 
this  title.  Elective  was  placed  before.  It  was  insisted  that  such 
a  dignified  title  would  add  greatly  to  the  weight  and  authority  of 
the  Government,  both  at  home  and  abroad.  I  declared  myself 
totally  of  a  different  opinion.  That  at  present  it  was  impossible  to 
add  to  the  respect  entertained  for  General  Washington.  If  you  gave 
him  the  title  of  any  foreign  prince  or  potentate  a  belief  would 
follow  that  the  manners  of  that  prince  and  his  modes  of  government 
would  be  adopted  by  the  President.  (Mr,  Lee  had  just  before  I  got 
up  read  over  a  list  of  the  titles  of  all  the  princes  and  potentates  of 
the  earth,  marking  where  the  word  highness  occurred.  The  grand 
Turk  had  it.  All  the  princes  of  Germany  had  it.  The  sons  and 
daughters  of  crowned  heads,  &c.)  That  particularly  elective  highness 


40  SKETCHES  OF  DEBATES 

which,  sounded  nearly'like  electoral  highness,  would  have  a  most 
ungrateful  sound  to  many  thousands  of  industrious  citizens  who  had 
fled  from  German  oppression.  Highness  was  part  of  the  title  of  a 
prince  or  princes  of  the  blood,  and  was  often  given  to  dukes.  It 
was  degrading  our  President  to  place  him  on  a  par  with  any  prince 
of  any  blood  in  Europe  ;  nor  was  there  one  of  them  that  could  enter 
the  lists  of  true  glory  with  him.  But  I  will  minute  no  more.  The 
debate  lasted  till  half  after  three  o'clock,  and  it  ended  in  appointing 
a  committee  to  consider  of  a  title  to  be  given  to  the  President. 

This  whole  silly  business  is  the  work  of  Mr.  Adams  and  Mr.  Lee. 
Izard  follows  Lee,  and  the  New  England  men,  who  always  herd  to- 
gether, follow  Mr.  Adams.  Mr.  Thompson  says  this  used  to  be  the 
case  in  the  old  Congress.  /  had,  to  be  sure,  the  greatest  share  in 
this  debate,  and  must  now  have  completely  sold  (no,  sold  is  a  bad 
word,  for  I  have  got  nothing  for  it)  every  particle  of  Court  favor, 
for  a  Court  our  House  seems  determined  on,  and  to  run  into  all  the 
fooleries,  fopperies,  and  pomp  of  Royal  etiquette. 

May  9.  Attended  the  Hall,  at  ten  o'clock,  to  go  on  the  Judicial 
Committee.  Met  many  of  the  members.  I  know  not  the  motive  ; 
but  I  never  was  received  with  more  familiarity,  nor  quite  as  much, 
before,  by  the  members.  Ellsworth,  in  particular,  seemed  to  show 
a  kind  of  fondness.  The  Judicial  Committee  did  no  business.  Sen- 
ate formed — it  took  a  long  time  to  correct  the  minutes.  At  length 
the  committee  came  in  and  reported  a  title — His  Highness,  the 
President  of  the  United  States  of  America  and  Protector  of  the 
Eights  of  the  Same. 

Mr.  Few  had  spoke  a  word  or  two  with  me,  and  signified  his  un- 
willingness to  do  anything  hastily.  He  got  up  and  spoke  a  great 
deal  against  hasty  measures.  He  did  not  pointedly  move  for  post- 
ponement, but  it  amounted  nearly  to  it.  The  clerk  of  the  other 
House,  in  the  meantime,  appeared  at  the  bar,  and  announced  the 
adoption  of  the  report  of  the  joint  committee,  (rejecting  titles.) 

I  got  up  and  expressed  my  opinion  that  what  had  fallen  from  the 
honorable  gentleman  from  Georgia  amounted  to  a  motion  for  a  post- 
ponement, and  asked  leave  to  second  him.  I  then  pointed  out  the 
rupture  that  was  likely  to  ensue  with  the  other  House — that  this 
was  matter  of  very  serious  import ;  and  I  thought  it  our  indispens- 
ible  duty  to  avoid  any  inconvenience  of  that  kind — that  by  the  ar- 
rangement between  the  Houses,  in  case  of  disagreement,  a  confer- 
ence might  be  requested — that  my  intention  was,  if  a  postponement 
was  carried,  to  move,  immediately,  for  a  committee  of  conference  to- 
be  appointed,  on  the  difference  between  the  two  Houses  ;  and  I  had 
hopes  that,  by  these  means, all  subject  of  debate  would  be  done  away. 


Ix  THE  FIRST  SEXATE  OF  THE  UNITED  STATES.        41 

Mr.  Reed  got  up  and  moved  that  the  report  might  be  adopted. 
He  was  not  seconded  j  but  the  motion  was  in  itself  idle.  Mr.  Strong 
spoke  in  favor  of  the  postponement,  and  was  interrupted  from  the 
Chair.  Mr.  Dalton,  after  some  time,  spoke  in  favor  of  it.  I  could 
now  see  a  visible  anxiety  in  the  Chair.  I  had  a  fine,  slack,  and  easy 
time  of  it  to-day.  Friends  seemed  to  rise  in  succession.  Lee  went 
over  his  old  ground  twice,  but  owned,  at  last,  there  was  great  diffi- 
culty every  way  ;  but  said,  plainly,  the  best  mode  was  for  the  House 
(Senate)  to  adopt  the  report,  and  then  the  other  House  would  fol- 
low. He  found,  however,  the  current  begin  to  turn  against  him, 
and  he  laid  his  head  on  his  hand,  as  if  he  would  have  slept.  Mr. 
Strong  was  up  again.  He  said,  among  other  things,  that  he  thought 
the  other  House  would  follow  ;  but  there  was  a  risk  in  it. 

Mr.  Izard  got  up  at  last.  He,  too,  was  for  a  postponement.  I 
could  see  that  the  President  kindled  at  him.  Mr.  Izard  said  we 
knew  the  other  House  had  adopted  the  report.  The  President  in- 
terrupted him,  and  said  no,  we  had  no  right  to  know  it,  nor  could 
we  know  it  until  after  the  clerk  had,  this  morning,  given  official  in- 
formation. The  members  fixed  themselves,  and  the  question  was 
called  for. 

Up  now  got  the  President,  and  for  forty  minutes  did  he  harrangue 
us  from  the  chair.  He  began  first  on  the  subject  of  order,  and 
found  fault  with  everything  almost ;  but  down  he  came  to  particu- 
lars, and  pointedly  blamed  a  member  for  disorderly  behavior.  The 
member  had  mentioned  the  appearance  of  a  captious  disposition  in 
the  other  House.  This  was  disorderly,  and  spoke  with  asperity. 
The  member  meant  was  Mr.  Izard.  All  this  was  only  prefatory. 
On  he  got  on  his  favorite  topic  of  titles,  and  over  the  old  ground 
of  the  immense  advantage,  of  the  absolute  necessity  of  them. 

When  he  had  exhausted  this  subject,  he  turned  a  new  leaf.  I  be- 
lieve, on  a  conviction,  that  the  postponement  would  be  carried,  a"nd 
perhaps  the  business  lost,  by  an  attention  to  the  other  House. 

Gentlemen,  I  must  tell  you  that  it  is  you  and  the  President  that 
have  the  making  of  titles.  Suppose  the  President  to  have  the  ap- 
pointment of  Mr.  Jefferson  at  the  Court  of  France.  Mr.  Jefferson 
is,  in  virtue  of  that  appointment,  the  most  illustrious,  the  most 
powerful,  and  what  not.  But  the  President  himself  must  be  some- 
thing that  includes  all  the  dignities  of  the  diplomatic  corps,  and 
something  greater  still.  What  will  the  common  people  of  foreign 
countries — what  will  the  sailors  and  soldiers  say,  George  Washing- 
hurton,  President  of  the  United  States,  they  will  despise  him.  This 
is  all  nonsense  to  the  philosopher ;  but  so  is  all  government,  what- 
ever. 


42  SKETCHES  OF  DEBATES 

The  above  I  recollect  with  great  precision ;  but  he  said  fifty  more 
things,  equally  injudicious,  which  I  do  not  think  worth  mentioning. 
It  is  evident  that  he  begins  to  despair  of  getting  the  article  of  titles 
through  the  House  of  Representatives,  and  he  has  turned  his  eye 
to  get  it  done  solely  by  the  Senate. 

Having  experienced  relief,  by  the  interference  of  sundry  mem- 
bers, I  had  determined  not  to  say  another  word,  but  his  new  leaf 
appeared  so  absurd,  I  could  not  help  some  animadversions  on  it. 

The  Constitution  of  the  United  States  has  designated  our  chief 
magistrate  by  the  appellation  of  the  President  of  the  United  States 
of  America.  This  is  his  title  of  office,  nor  can  we  alter,  add  to,  or 
diminish  it,  without  infringing  the  Constitution.  In  like  manner, 
persons  authorized  to  transact  business  with  foreign  powers  are 
styled  embassadors,  public  ministers,  &c.  To  give  them  any  other 
appellation  would  be  an  equal  infringement.  As  to  grades  of  or- 
ders or  titles  of  nobility,  nothing  of  this  kind  can  be  established 
by  Congress. 

Can  then  the  President  and  Senate  do  that  which  is  prohibited 
to  the  United  States  at  large  ?  Certainly  not.  Let  us  read  the 
Constitution  :  "  No  title  of  nobility  shall  be  granted  by  the  United 
States."  The  Constitution  goes  further.  The  servants  of  the  public 
are  prohibited  from  accepting  them  from  any  foreign  State,  king, 
or  prince.  So  that  the  appellations  and  terms  given  to  nobility  in 
the  Old  World,  are  contraband  language  in  the  United  States ;  nor 
can  we  apply  them  to  our  citizens,  consistent  with  the  constitution. 

As  to  what  the  common  people,  soldiers,  and  sailors  of  foreign 
countries  may  think  of  us,  I  do  not  think  it  imports  us  much.  Per- 
haps the  less  they  think,  or  have  occasion  to  think  of  us,  the  better. 

But  suppose  this  a  desirable  point,  how  is  it  to  be  gained  ? 
The  English  excepted,  foreigners  do  not  understand  our  language. 

We  must  use  Hohen  Mogende  to  a  Dutchman ;  be 

to  a  Turk  or  Algerine ;  and  so  of  the  rest.  From  the  English, 
indeed,  we  may  borrow  terms  that  wonld  not  be  wholly  unintelligi- 
ble to  our  own  citizens.  But  will  they  thank  us  for  the  compliment  ? 
Would  not  the  plagiarism  be  more  likely  to  be  attended  with  con- 
tempt than  respect  among  all  of  them.  It  has  been  admitted  that 
all  this  is  nonsense  to  the  philosopher.  I  am  ready  to  admit  that 
every  high-sounding,  pompous  appellation,  descriptive  of  qualities 
which  the  object  does  not  possess,  must  appear  bombastic  nonsense 
in  the  eye  of  every  wise  man.  But  I  cannot  admit  such  an  idea 
with  respect  to  government  itself.  Philosophers  have  admitted  not 
only  the  utility  but  the  necessity  of  it.  Their  labors  have  been 
directed  to  correct  the  views  and  expose  the  follies  which  have  been 


IN  TIII:  "FmsT  SENATE  OF  THE  UNITED  STATK-.         43 

engrafted  upon  it,  and  to  reduce  the  practice  of  it  to  the  principles 
of  common  sense,  such  as  we  see  exemplified  by  the  merchant,  the 
mechanic,  and  the  farmer,  whose  every  act  or  opinion  tends  to  a 
productive  or  beneficial  effect,  and  above  all,  to  illustrate  this  fact, 
that  Government  was  instituted  for  the  benefit  of  the  people,  and 
that  no  act  of  Government  is  justifiable  that  has  not  this  for  its  ob- 
ject. Such  has  been  the  labor  of  the  philosophers  with  respect  to 
Government,  and  sorry,  indeed,  would  I  be  if  their  labors  should  be 
in  vain. 

After  all  this,  he  had  to  put  the  question,  and  the  postponement 
was  carried.  I  kept  my  word,  and  offered  the  resolution  for  a  con- 
ference, &c.  It  was  carried,  and  the  committee  appointed. 

Ellsworth  drew  up  a  new  resolution.  It  was  to  keep  the  differ- 
ence out  of  sight,  and  to  proceed,  de  nouo,  on  a  title  for  the  Presi- 
dent. 

I  did  not  care  to  enter  into  debate,  but  expressed  my  fear  that 
the  House  of  Representatives  would  be  invited,  and  would  not 
meet  us  on  that  ground.  As  if  they  meant  to  provoke  the  other 
House,  they  insisted  that  the  minute  of  rejection  should  go  down 
with  the  appointment  of  the  committee.  Little  good  can  come  of 
it  thus  circumstanced,  more  especially  as  the  old  committee  were 
reappointed. 

From  the  Senate  Journal,  it  appears  that  Mr.  Lee,  Mr.  Ellsworth, 
and  Mr.  Johnson  were  the  committee,  and  the  instruction  to  the 
committee  was  as  follows :  a  That  they  consider  and  report  under 
what  title  it  will  be  proper  for  the  President  of  the  United  States 
in  future  to  be  addressed ;  and  confer  thereon  with  such  committee 
as  the  House  of  Representatives  may  appoint  forjthat  rjurpose." 
It  is  further  stated  that  the  Secretary  carried  to  the  House  of  Rep- 
resentatives the  "  rejection  of  the  report  of  the  committee  appointed 
to  consider  what  style,  &c.,  it  will  be  proper  to  annex  to  the  offices 
of  President  and  Vice  President ;  and  the  appointment  of  a  com- 
mit tee  on  the  part  of  the  Senate  to  confer  on  a  title  under  which  it 
will  be  proper  to  address  the  President  of  the  United  States." 

The  committee  of  conference  on  the  part  of  the  House  were  Mr. 
Madison,  Mr.  Trumbull,  Mr.  Page,  Mr.  Benson,  and  Mr.  Sherman. 

In  his  memorandum  of  May  10,  Mr.  Maclay  complains  of  the  de- 
lay of  the  impost  bill,  to  the  great  loss  of  the  revenue. 

The  President  at  the  Theater. 

I  received  a  ticket  from  the  President  United  States,  to  use  his 
box  this  evening  at  the  theater,  being  the  first  of  his  appearance  at 
the  play-house  since  his  entering  on  his  office.  Went.  The  Presi- 


44  SKETCHES  OF  DEBATES 

dent,  Governor  of  the  State,  Foreign  Ministers,  Senators  from 
New  Hampshire,  Connecticut,  Pennsylvania,  Maryland,  and  South 
Carolina,  and  some  ladies  in  the  same  box.  I  am  old,  and  notices 
or  attentions  are  lost  on  me.  I  could  have  wished  some  of  my 
dear  children  in  my  place.  They  are  young,  and  would  have  en- 
joyed it.  Long  might  one  of  them  live  to  boast  of  their  having 
been  seated  in  the  same  box  with  the  first  character  in  the  world. 
The  play  was  The  School  for  Scandal.  I  never  liked  it.  Indeed, 
I  think  it  an  indecent  representation  before  ladies  of  character  and 
virtue.  Farce,  The  Old  Soldier.  The  house  greatly  crowded,  and 
I  thought  the  players  acted  well ;  but  I  wish  we  had  seen  the 
Conscious  Lovers,  or  some  one  that  inculcated  more  prudential 
manners. 

12th  May.  Went  early  this  morning  to  wait  on  Mr.  Fitzsimmons. 
Was  informed  that  Mr,  Morris  had  called  to  see  him  this  morning. 
Took  no  notice  of  this,  but  went  in  quest  of  Mr.  Morris.  Found 
him  at  the  door,  where  he  kept  his  office.  Took  a  long  walk  with 
him,  and  gave  him  a  detail  of  all  that  had  happened  in  the  Senate 
since  he  left  it,  as  exactly  as  I  could.  He  seemed  to  listen  to  me 
in  a  friendly  way*  Came  to  the  House  at  eleven,  Senate  met,  but 
there  really  was  nothing  happened  worth  mentioning.  The  busi- 
ness of  considering  the  title  which  was  laid  on  the  table  was  post- 
poned, to  see  what  would  be  the  result  of  the  conference  of  the 
joint  committee  on  that  business.  Adjourned. 

Went  to  hear  the  debates  of  the  House  of  Representatives  from 
the  gallery.  From  there,  went  with  Mr.  Morris  to  the  President's 
levee.  Stayed  until  the  company  began  to  withdraw.  Felt,  I  be- 
lieve, a  little  awkward,  for  my  knee  pained  me,  and  the  business  of 
standing  was  not  very  agreeable  to  me.  Left  Mr.  Morris  at  the 
levee,  came  home.  Stayed  till  four  o'clock,  and  went  and  dined 
with  the  Speaker. 

This  day  the  President  gave  us  no  set  speech  from  the  chair ; 
but  I  know  not  whether  it  was  want  of  memory  or  design,  but  a 
motion  made  by  me  and  seconded 'by  Lee  was  passed  by  by  him, 
and  a  second  motion  put.  He,  however,  seemed  confused.  The 
speech  which  he  made  yesterday  was  on  the  subject  of  our  having 
a  sergeant-at-arms.  He  seemed  to  wish  that  the  officer  should  be 
Usher  of  the  Black  Rod.  He  described  this  office  as  appurtenant 
to  the  House  of  Lords,  and  concluded  by  telling  us  that  Sir  Fran- 
cis Mollineaux  was  the  officer,  and  that  he  had  the  honor  of  being 
introduced  by  him  to  the  House  of  Lords. 

My  business  with  Mr.  Fitzsimmons  this  morning  was  to  inform 
him  how  much  I  feared  the  cabal  of  the  New  England  members  in 


IN  TUP:  FrusT  SKXATK  OF  TIIK  UNITED  STATI>.        45 

the  Senate,  and  that  if  they  were  not  gratified  in  some  measure,  as 
to  their  favorite  article  of  molasses,  they  would  join  with  ever}7 
member  who  objected  to  any  single  article,  and  promise  him  grati- 
fication in  his  particular  humor,  if  he  would  join  them.  By  these 
means,  all  the  discontents  being  invited  and  indulgence  given,  even 
to  caprice  and  whim,  the  bill  would  be  lost.  He  laughed  at  my 
fears.  The  molasses  affair  was  to  be  called  up  again.  I  asked 
him  if  he  was  sure  of  a  majority  in  the  House  for  continuing  the 
duty  at  six  cents.  Very  confident  of  it,  yet  he  was  mistaken,  and 
it  was  reduced  to  five. 

I  felt  great  joy  on  the  coming  of  Mr.  Morris  to  town ;  for  now  I 
shall  have  one  in  whom  I  can  confide. 

May  13.  Paid  some  visits  this  morning.  Senate  met.  The  title 
lay  on  the  table.  Mr.  Lee  informed  the  House  that  the  committee 
on  that  business  had  met,  but  being  in  the  Senate  chamber,  were 
dispersed  on  the  meeting  of  the  Senate,  and  had  agreed  to  meet  to- 
morrow morning. 

Report  for  classing  the  Senate  permitted  to  lie  on  the  table. 
Moved  and  a  committee  appointed  to  confer  on  the  subject  of  news- 
papers. A  committee  of  nine  appointed  for  the  penal  federal  laws. 
I  can  observe  a  total  change  of  behavior,  or  at  least  a  considerable 
one,  in  our  President.  Instead  of  directing  two  Senators  to  read 
the  ballots  for  committee  men,  as  he  did  heretofore,  he  this  day 
read  them  aloud  from  the  chair,  and  the  clerk  tallied.  This  is  the 
first  step  towards  reformation,  and  I  hope  it  will  be  progressive. 

May  14.  Senate  met.  The  President  reminded  us  of  the  title 
report.  The  committee  were  out  on  that  business.  The  classing 
report  adopted.  A  motion  of  yesterday  was  on  the  table  for  the 
regulating  joint  committees.  Ellsworth,  according  to  his  custom, 
drew  another  one.  Mr.  Langdon  withdrew  his  in  complaisance  to 
Ellsworth.  Lee  moved  to  strike  out  the  latter  part  of  Ellsworth's. 
Ellsworth,  in  complaisance  to  Lee,  seconded  him.  This  spoiled  the 
motion  ;  and  all  complaisance  being  at  an  end,  the  rest  was  rejected 
by  the  House.  It  was  here  the  President  made  us  his  speech  for 
the  day.  He  said  parliamentary  customs,  when  found  convenient, 
should  be  followed  as  good  examples ;  (this  is  the  first  time  ever  I 
heard  him  guard  his  parliamentary  lessons,  but  I  observed  yester- 
day that  there  was  a  change ;  )  that  conferences  were  very  seldom 
used  by  the  Houses  in  Great  Britain  ;  that  little  benefit  was  obtained 
from  them  ;  they  could  be  but  of  little  use  only  in  case  of  difference 
of  opinion  with  respect  to  bills. 

The  whole  seemed  to  aim  at  lessening  the  intercourse  between 


46  SKETCHES  OF  DEBATES 

the  two  Houses.     I  could  not  help  thinking  of  his  speech  of  the  9th 
instant.     It  seemed  the  second  part  of  it. 

May  14.  Now  rose  Mr.  Lee  to  report  on  Titles,  fr&m  the  joint 
committee.  He  reported  that  the  committee  from  the  other  House 
had  adhered  in  the  strictest  manner  to  their  former  resolution.  He 
moved  that  the  report,  which  had  been  laid  on  the  table,  in  favor 
of  titles,  should  be  entered  on  the  files  of  the  House ;  and  that  a 
motion  which  he  had  in  his  hand  should  be  adopted.  The  spirit  of 
the  motion  was,  that  to  keep  up  a  proper  respect  for  our  chief 
magistrate,  attention  should  be  paid  to  the  customs  of  civilized 
nations.  That  the  appearance  of  the  affectation  of  simplicity 
would  be  injurious — that  the  Senate  had  decided  in  favor  of  titles 
from  these  motives  ;  but  that,  in  conformity  to  the  practice  of  the 
other  House,  for  the  present  they  resolve  to  address  the  President 
without  title. 

It  is  stated,  on  the  Senate  Journal,  that  the  committee  of  confer- 
ence reported  their  inability  to  agree  with  the  committee  of  the 
House,  and,  also,  that  the  committee  appointed  on  the  9th  instant, 
to  consider  and  report  under  what  title  it  will  be  proper  for  the 
Senate  to  address  the  President  of  the  United  States  of  America, 
reported  that,  in  the  opinion  of  the  committee,  it  will  be  proper  to 
address  the  President  :  "  His  Highness,  the  President  of  the  United 
States  of  America,  and  Protector  of  their  Liberties."  Which  re- 
port was  postponed ;  and  the  following  resolve  was  agreed  to,  to  wit : 

From  a  decent  respect  for  the  opinion  and  practice  of  civilized 
nations,  whether  under  monarchical  or  republican  forms  of  govern- 
ment, whose  custom  is  to  annex  titles  of  respectability  to  the  office 
of  their  chief  magistrate;  and  that,  on  intercourse  with  foreign  na- 
tions, a  due  respect  for  the  majesty  of  the  people  of  the  United 
States  may  not  be  hazarded  by  an  appearance  of  singularity,  the 
Senate  have  been  induced  to  be  of  opinion  that  it  would  be  proper 
to  annex  a  respectable  title  to  the  office  of  President  of  the  United 
States ;  but  the  Senate,  desirous  of  preserving  harmony  with  the 
House  of  Representatives,  where  the  practice  lately  observed  in 
presenting  an  address  to  the  President  was  without  the  addition  of 
titles,  think  it  proper,  for  the  present,  to  act  in  conformity  with  the 
practice  of  that  House  ;  therefore, 

Resolved,  That  the  present  address  be,  "  To  the  President  of  the 
United  States,"  without  addition  of  title.  (See  antea,  end  Preface.) 

A  motion  was  made  to  strike  out  the  preamble  as  far  as  the  words 
"  but  the  Senate  ;"  which  passed  in  the  negative  ; 

And,  on  motion  for  the  main  question,  it  passed  in  the  affirma- 
tive. 


I\  THE  FIRST  8i<:\ATK  OF  THE  UNITED  STATI  47 

Yesterday  Mr.  Muhlenberg  accosted  me  with  "  your  Highness  of 
the  Senate."  On  my  pausing,  he  said  Wynkoop  had  been  christened 
by  them  his  Highness  of  the  Lower  House,  and  he  thought  I  was  en- 
titled to  the  same  distinction  in  the  Senate. 

The  journal  proceeds,  (and  this  appears  to  refer  to  the  proceedings 
in  the  Senate,)  As  we  had  the  business  all  over  again,  I  determined 
to  try  whi.t  ridicule  could  do.  If  all  men  were  of  our  stature,  there 
would  be  neither  high  nor  low.  Highness,  when  applied  to  individ- 
uals, must  naturally  denote  the  excess  of  stature  which  he  possesses 
over  other  men.  An  honorable  member  told  us,  the  other  day, 
of  a  certain  king  who  was  the  head  and  shoulders  taller  than  any- 
body else.  This,  more  especially  when  he  was  greased  with  a  great 
horn  of  oil,  must  render  him  highly  conspicuous.  History,  too,  if 
I  mistake  not,  will  furnish  us  with  an  example  where  a  great  Thra- 
cian  obtained  the  empire  of  the  world  from  no  other  circumstance. 
But  if  this  antiquated  principle  is  to  be  adopted,  give  us  fair  play. 
Let  America  be  searched,  and  it  is  most  probable  that  the  honor 
will  be  found  to  belong  to  some  huge  Patagonian.  This,  indeed,  is 
putting  one  sadly  over  the  head  of  another.  True,  but  Nature 
has  done  it,  and  men  should  see  where  she  leads  before  they  adopt 
her  as  a  guide. 

It  may  be  said  that  this  business  is  metaphorical,  and  the  high 
station  of  the  President  entitled  him  to  it.  Nothing  can  be  true 
metaphorically  which  is  not  so  naturally,  and  under  this  view  of 
the  proposed  title,  it  belongs  with  more  propriety  to  the  Man  in 
the  Moon,  than  anybody  else,  as  his  station  (when  we  have  the 
honor  of  seeing  him)  is  certainly  the  most  exalted  of  any  that  we 
know  of. 

Gentlemen  may  say  this  is  fanciful.  Would  they  wish  to  see  the 
subject  in  the  most  serious  point  of  view  that  it  is  possible  to  place 
it.  Rome,  after  being  benighted  for  ages  in  the  darkest  gloom  of 
ecclesiastic  and  aristocratic  tyrrany,  beheld  a  reformer,  in  the  four- 
teenth century,  who,  preaching  from  stocks  and  stones,  and  the 
busts  and  fragments  of  ancient  heroes,  lighted  up  the  lamp  of  lib- 
erty to  meridian  splendor.  Intoxicated  with  success,  he  assumed 
a  string  of  titles,  none  of  which,  in  my  recollection,  was  equally 
absurd  with  the  one  before  you.  In  consequence  of  which,  and  of 
his  aping  some  other  symbols  of  nobility  and  royalty,  he  fell,  and 
pulled  down  the  whole  republican  structure  along  with  him,  mark- 
ing particularly  the  subject  of  titles  as  one  of  the  principal  rocks 
on  which  he  was  shipwrecked. 

As  to  the  latter  «part  of  the  title,  I  would  only  observe  that  the 
power  of  war  is  the  organ  of  protection.  This  is  placed  in  Con- 


48  SKETCHES  OF  DEBATES 

gress  by  the  Constitution.  Any  attempt  to  divest  them  of  it  and 
place  it  elsewhere,  even  with  General  Washington,  is  treason  against 
the  United  States,  or,  at  least,  a  violation  of  the  Constitution. 

In  order  to  get  out  of  the  kind  of  puzzle  which  Lee  had  engaged 
us  in,  we  moved  a  general  postponement  of  the  report  on  the  title, 
hoping  this  would  cut  up  the  whole  matter  by  the  roots.  It  was 
carried.  And  even  after  this,  Lee  hung  with  obstinacy  to  the  idea 
of  putting  it  on  the  files  of  the  House. 

"  Through  the  whole  of  this  business,  I  have  endeavored  to  mark 
the  conduct  of  General  Washington.  I  have  no  clue  that  will  lead 
me  fairly  to  any  just  conclusion  as  to  his  sentiments.  I  think  it 
scarce  possible  but  he  must  have  dropped  something  on  a  subject 
which  has  excited  so  much  warmth.  If  he  did,  it  w°as  not  on  our 
side,  or  I  would  have  heard  it.  But  no  matter,  I  have  by  plowing 
with  the  heifer  of  the  other  House  completely  defeated  them.1' 

Mr.  Carroll  rose  and  opposed  the  imperfect  resolution  being  put 
on  the  files  by  the  order  of  the  House.  I  seconded  him  in  opposing 
this,  as  putting  such  a  thing  on  the  files  by  special  order  of  the 
House  was  giving  it  an  authority  which  no  postponed  paper  should 
have,  and  carried  the  air  of  an  adoption.  Papers  were  never 
specially  ordered  on  the  files  but  with  a  view  of  perpetuating  in- 
formation. A  special  order  for  putting  on  the  files  would  hereafter 
be  considered  as  an  adoption,  this  part  of  this  motion  being  lost  by 
a  general  postponement  of  the  report. 

The  journal  of  Mr.  Maclay  proceeds  • 

"  Mr.  Morris  rose  after  the  question  had  been  carried,  and  ex- 
pressed his  dislike  of  the  title,  viz  :  Highness  and  protector  of  the 
rights  of  America.  He  said  the  protection  lay  with  the  whole 
Congress.  He  was  right  in  his  remarks,  but  he  was  told  the  ques- 
tion was  carried." 

"  Mr.  Carroll  expressed  great  dislike  at  the  forepart  of  the  mo- 
tion, which  stated  the  acts  of  the  Senate  to  be  in  favor  of  titles, 
when,  in  fact,  no  such  resolution  ever  had  passed  the  Senate." 

"  I  rose  and  moved  a  division  of  the  motion  Was  immediately 
seconded  by  Mr.  Carroll." 

"  Now  a  long  debate  ensued.  Mr.  Ellsworth  traversed  the  whole 
field  of  titles  over  again.  Doctor  Johnson  spoke  much  more  to  the 
point.  Mr.  Patterson,  after  reading  over  the  motion,  was  of  opinion 
that  a  division  should  take  place  at  the  word  Senate.  I  was  also, 
with  Mr.  Morris,  of  opinion  that  the  division  would  stand  best  at 
this  place.  I  withdrew  my  motion,  and  seconded  his  for  the  divi- 
sion from  the  word  Senate.  The  division  was  fu^.  enough  to  answer 
all  the  purposes  which  they  avowed,  taking  it  at  this  place.  But 


Ix  TIII:  FIRST  SKXATK  OF  THE  UNITED  STATUS.        49 

it  is  evident  they  have  not  given  up  the  idea  of  titles,  and  seem  in- 
sultingly to  say  so  to  the  House  of  Representatives.  Affectation 
of  simplicity  is  directly  charged  on  the  other  House.  This  they 
amended  by  putting  in  the  word  appearance.  I  endeavored  to 
draw  my  principal  argument,  when  last  up,  from  the  unfairness  of 
the  forepart.  It  expressly  recited  a  determination  of  the  Senate  to 
grant  titles.  No  such  resolution  had  ever  passed.  It  might  be  im- 
plied that  the  Senate  were  in  favor  of  titles,  but  why  refer  to  a  res- 
olution that  did  not  exist.  Accommodation  was  the  principle  held 
out.  But  was  ever  thing  done  with  so  ill  a  grace  ?  It  was  saying 
we  meet  you  on  the  principles  of  accommodation,  but  you  are  com- 
pletely wrong,  and  we  are  perfectly  right.  Can  any  good  come  of 
such  accommodation  ?  Mr.  Carroll  declared  that  the  idea  held  forth 
was  that  the  Senate  were  for  titles,  but  it  was  well  known  they  were 
not  all  for  titles.  He  was  opposed,  and  so  were  sundry  other  gen- 
tlemen. He  wished  onl}-  for  a  fair  question,  that  it  might  be  seen 
who  were  for  them,  and  who  were  not.  He  wished  the  yeas  and 
nays,  and  let  the  world  judge. 

Mr.  Few  declared  the  gentleman  had  missed  the  opportunity  of 
the  yeas  and  nays.  They  should  have  been  called  when  the  report 
against  titles  was  rejected.  Mr.  Few  was  much  out  in  this ;  for 
there  were  but  three  of  us,  and  he  need  not  have  made  his  remarks. 
It  was  evident  that  they  wished  to  prevent  the  yeas  and  nays.  The 
question  was  put.  The  House  divided.  Eight  with  us.  Ten 
against  us.  Mr.  Garoll  called  for  the  yeas  and  nays.  'None  rose 
with  him  but  Mr.  Henry  and  myself,  and  for  want  of  another  man, 
we  lost  them. 

The  committee  was  now  ordered  to  wait  on  the  President  to 
know  the  timg  whence  will  be  pleased  to  receive  the  address  of  the 
Senate. 

The  report  of  the  joint  committee  on  the  enrollment  of  papers 
was  read,  and  the  House  adjourned.  And  now  I  hope  we  have  dis- 
posed of  a  business  (viz  :  relating  to  titles,)  which  in  one  shape  or 
other  has  engaged  almost  the  whole  time  of  the  Senate  from  the 
23d  of  April,  the  day  that  our  President  began  it.  Had  it  not  been 
for  Mr  Lee,  I  am  firmly  convinced  no  other  man  would  have  ven- 
tured to  have  followed  our  President.  But  Lee  led,  Ellsworth  sec- 
onded him,  the  New  England  men  followedrand  Izard  joined  them  ; 
but  really  hand  equix  po^mlnis,  for  he  was  only  for  the  title  of 
Excellency,  which  had  been  sanctified  by  use.  Lee  has  a  culti- 
vated understanding,  great  practice  in  public  business,  with  a  fac- 
tious, restless  disposition.  He  has  acted  as  high  priest  through  the 
whole  of  this  idolatrous  business.  It  is  easy  to  see  what  his  aim  is. 
4 


50  SKETCHES  OF  DEBATES 

By  following  the  President  of  the  Senate,  he  hopes  to  govern  all 
the  members  from  New  England,  and  with  a  little  assistance  from 
Carolina  or  Georgia,  to  be  absolute  in  the  Senate.  Ellsworth,  and 
some  mor.e  of  the  New  England  men,  flatter  him  in  turn,  expecting 
he  will  be  with  them  on  the  subject  of  residence.  Had  it  not  been 
for  our  President  and  Lee,  I  am  convinced  the  Senate  would  have 
been  as  averse  to  titles  as  the  House  of  Representatives.  The  game 
that  our  President  and  Mr.  Lee  appear  to  have  now  in  view  is  to 
separate  the  Senate  as  much  as  possible,  from  the  House  of  Repre- 
sentatives. Our  President's  doctrine  is  that  all  honors  and  titles 
should  flow  from  the  President  and  Senate  only.  But  once  more, 
subject  of  titles,  farewell!  May  I  never  hear  motion  or  debate  on 
thee  more !  Mem.  The  fall  of  Rienzi,  the  Roman  reformer,  who 
split  on  the  rock  of  titles,  was  completely  in  point. 

In  connection  with  this  subject,  I  give  the  following  extract  from 
a  letter  dated  16th  May,  1789,  addressed  by  William  Maclay  to 
Tench  Coxe,  of  Philadelphia  ; 

You  will  readily  gather  from  the  public  papers  that  there  has 
been  some  difference  of  sentiment  between  the  Houses  on  the  sub- 
ject of  titles.  This  business,  after  having  agitated  us  for  near  three 
weeks,  is,  I  expect,  blown  over.  I  sincerely  hope  it  never  will  again 
be  blown  up  so  as  to  kindle  the  fire  of  contention.  The  minority 
in  this  business  was  so  small  as  to  be  unable  to  obtain  the  yeas  and 
nays  in  our  House,  except  on  one  question,  when  the  greater  part 
declined  calling  them ;  and  yet  they  were  firm  to  the  last,  and  with 
the  assistance  derived  from  the  countenance  and  determinations  of 
the  other  House,  have  really  obtained  a  temporary  victory.  They 
had  some  other  difficulties  to  contend  with,  which  at  present  shall 
be  nameless.  'Mr.  Morris  was  absent  during  this  troublesome  busi- 
ness. 

The  impost  bill  will  be  with  us  on  Monday  next.  It  is  limited 
to  seven  years,  and  a  variety  of  opinions  are  held  on  this  point.  I 
will  be  happy  to  have  yours  on  this  or  any  other  subject. 

May  15.  Senate  met.  On  the  reading  of  the  minutes,  Mr.  Few 
got  up  and  moved  warmly  that  the  minute  of  yesterday  on  the 
division  of  Mr.  Lee's  motion  should  be  struck  out.  L^e  was  for  it 
in  a  moment.  By  these  means,  the  vote  of  yesterday,  which  re- 
spected titles,  would  have  the  appearance  of  unanimity.  It  was 
opposed  by  Mr.  Carroll,  Ellsworth,  and  myself.  The  minute,  how- 
ever, remained. 

The  committee  reported  that  the  President  of  the  (United)  States 
would  receive  our  address  a  quarter  after  twelve,  on  Monday.  It 
was  said  we  should  go  in  carriages. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        f)l 

The  classing  report  was  called  for ;  the  ballots  were  drawn.  I 
fell  in  the  first  class  with  Mr.  Dalton,  Mr.  Ellsworth,  Mr.  Elmer, 
Mr.  Carroll,  and  Mr.  Grayson. 

The  President  now  informed  the  Senate  that  a  letter  had  come 
to  his  hand,  which  he  supposed  was  intended  for  him ;  but  it  was 
tnost  improperly  directed.  It  was  directed  to  his  Excellency  the 
Vice  President.  He  asked  the  opinion  of  the  Senate  laughingly, 
ami  concluded  it  was  against  all  rule. 

I  said  that  until  we  had  a  rule  obliging  people  to  be  regular,  we 
must  submit  to'their  irregularities,  more  especially  of  this  kind. 

Mr.  Morris  said  the  majesty  of  the  people  would  do  as  they 
pleased. 

All  this  I  considered  sportive.  But  he  put  a  serious  question, 
should  the  letter,  so  directed,  be  read.  Langdon  and  sundry  others 
said  yes  ;  and  read  it  was.  From  Loudon,  the  printer,  offering  to 
print  for  us.  Adjourned. 

May  16.  A  message  came  from  the  House  of  Representatives. 
It  was  on  the  affair  of  a  joint  committee  on  newspapers  and  em- 
ploying printers.  Sundiy  petitions  had  come  in  from  different 
printers.  One  was  just  now  read  from  one  Fenno  I  moved  that 
Fenno's,  and  all  petitions  of  a  similar  nature,  should  be  referred, 
for  information,  to  the  committee  on  newspapers  and  employing 
printers.  It  was  seconded.  Ellsworth  rose  in  great  warmth,  and 
opposed  it  violently-  Some  more  of  the  New  England  men  joined 
him.  It  really  seemed  to  me  as  if  he  wished  to  try  whether  he 
could  not  carry  anything.  He  was,  however,  disappointed.  A  re- 
port of  a  committee  for  revising  the  minutes  was  read.  The  peti- 
tion of  one  Duncan  Campbell  was  read,  and  occasioned  sundry 
remarks.  Laid  on  the  table. 

The  address  (to  the  President)  was  now  produced,  engrossed. 
The  word  To  disobliged  Ellsworth,  and  a  long  debate  ensued  about 
it.  I  did  not  touch  this  trite  subject.  But  it  was  to  be  signed ; 
and  here  a  mighty  difficulty  was  signified  from  the  chair,  and  the 
wisdom  of  the  House  called  on  to  determine  if  the  chair  had  done 
right.  Every  act  had  been  signed  J.  A.,  Vice  President.  The 
President  gave  this  information  in  such  a  way  as  left  nobody  in 
doubt  that  his  opinion  went  with  the  practice.  Mr.  Carroll  got  up, 
and  said  he  thought  it  a  matter  of  indifference,  and  concluded  that 
he  agreed  it  should  be  signed  Vice  President.  His  looks,  I 
thought,  betrayed'  dissent.  But  the  goddess  of  good  nature 
apologize  for  this  slight  aberration  from  sentimental  rectitude. 
He  has,  for  some  ti^e  past,  been  equally,  with  myself,  opposed  to 


52  SKETCHES  OF  DEBATES 

the  opinions  of  the  Chair,  and  this  was  his  peace  offering.  Two 
weeks  ago,  I  was  with  Mr.  Reed,  of  the  Delaware  State,  in  the  up- 
per galley  of  the  House  of  Representatives.  A  message  came  from 
the  Senate.  The  signature  was  read  aloud,  John  Adams,  Vice  Pres- 
ident. Mr.  Reed  turned  to  me,  and  said  "  that  is  wrong."  Yet  Mr. 
Reed  now  made  a  very  long  speech,  declaring  there  was  no  impro-. 
priety  in  it.  Mr.  Lee  hinted,  very  diffidently,  his  disapprobation  of 
it.  Mr.  Morris  said  our  acts  should  be  signed  by  our  own  President. 
Mr.  Ellsworth  showed  some  inconvenience  that  would  attend  this 
practice. 

I  rose.  Said  the  very  term  Yice  President  carried  on  the  face  of 
it  the  idea  of  holding  the  place  of  the  President  in  his  absence, 
That  every  act  done  by  the  Yice  President,  as  such,  implied  that 
when  so  acting  he  held  the  place  of  President.  In  this  point  of 
view,  nothing  could  be  more  improper  than  the  Yice  President 
signing  an  address  to  the  President.  It  was  like  a  man  signing  an 
address  to  himself.  The  business  of  the  Yice  President  was  when 
he  acted  exactly  the  same  with  that  of  President,  and  could  not  mix 
itself  with  us  as  a  Senate. 

Here  the  President  tried  very  hard  to  raise  a  laugh.  Seeing  him 
willing  to  bear  me  down,  I  continued :  Sir,  we  know  you  not  as 
Vice  President  within  this  House.  As  President  of  the  Senate 
only  do  we  know  you.  As  President  of  the  Senate  only  can  you 
sign  or  authenticate  any  act  of  this  body. 

He  said,  after  I  sat  down,  that  he  believed  he  need  not  put  the 
question,  a  majority  of  those  who  had  spoken  seemed  to  be  in  favor 
of  his  signing  as  President  of  the  Senate.  Mr.  Carroll  said  he  need 
not  put  the  question,  and  none  was  put.  Adjourned. 

Sunday,  Ifth  May.  Stayed  at  home  this  day.  Wrote  letters  to 
sundry  persons.  Did  not  go  out  until  four  o'clock,  when  I  thought 
it  warm  enough.  Called  at  the  lodgings  of  Mr.  Fitzsimmons  and 
Clymer.  They  had  gone  to  Brunswick.  Walked  to  the  Speaker's. 
We  walked  to  Cuyler's  Hook.  The  east  wind  blew  raw  and  cold. 
I  left  them,  and  came  home.  Found  myself  rather  indisposed. 
Caught  some  cold  in  my  walk,  and  was  the  worse  for  it.  I  never 
have  been  in  a  place  remarkable  for  such  variable  weather.  Set 
out  when  one  will  with  ever  such  agreeable  sunshine,  I  never  have 
been  able  to  go  two  miles  and  return  without  a  change  of  air. 
The  wind  which  crosses  the  North  river  Ts  cold.  But  there  is  a 
rawness  in  the  east  wind  that,  with  me,  seems  Ao  clog  the  springs 
of  life.  Mr.  Scott,  however,  from  Washington  county,  has  expe- 
rienced a  favorabie  revolution  in  his  health  spce  he  came  here. 

' 


IN  THE  KlIl*T  SENATE  OF  THE  UNITED  STATE*.  53 

Address  to  the  President. 

Monday  18th.  Senate  met.  The  address  (to  the  President)  was 
read  over,  and  we  proceeded  in  carriages  to  the  President's  to  pre- 
sent it.  Having  no  part  to  act  but  that  of  a  mute,  I  had  nothing 
to  embarrass  me.  We  were  received  in  an  ante-chamber.  Had 
•some  little  difficulty  about  seats,  as  there  were  several  wanting ; 
from  whence  may  be  inferred  that  the  President's  major  domo  is 
not  the  most  provident,  as  our  numbers  were  well  enough  known. 
We  had  not  been  seated  more  than  three  minutes,  when  it  was  sig- 
nified to  us  to  wait  on  the  President  in  his  levee  room.  Our  Presi- 
dent went  foremost,  and  the  Senators  followed,  without  any  particu- 
lar order,  We  made  our  bows  as  we  entered ;  and  our  President, 
having  made  a  bow,  began  to  read  an  address.  He  was  much  con- 
fused. The  paper  trembled  in  his  hand,  though  he  had  the  aid  of 
both  by  resting  it  on  his  hat,  which  he  held  in  his  left  hand.  He 
read  very  badly  all  that  was  on  the  front  pages.  The  turning  of 
the  page  seemed  to  restore  him,  and  he  read  the  rest  with  more 
propriety.  This  agitation  was  the  more  remarkable  as  there  were 
but  twenty-two  persons  present,  and  none  of  them  strangers. 

The  President  took  his  reply  out  of  his  pocket.  He  had  his  spec- 
tacles in  his  jacket  pocket ;  having  his  hat  in  his  left  hand  and  the 
paper  in  his  right.  He  had  too  many  objects  for  his  hands.  He 
shifted  his  hat  between  his  forearm  and  the  left  side  of  his  breast. 
But  taking  his  spectacles  from  the  case  embarrassed  him.  He  got 
rid  of  this  small  distress  by  laying  the  spectacle  case  on  the  chim- 
ney-piece. Colonel  Humphreys  stood  on  his  right,  Mr.  Lear  on  his 
left.  Having  adjusted  his  spectacles,  which  was  not  very  easy,  con- 
sidering the  engagements  on  his  hands,  he  read  the  reply  with  tol- 
erable exactness,  and  without  much  emotion, 

I  thought  he  should  have  received  us  with  his  spectacles  on, 
which  would  have  saved  the  making  of  some  uncouth  motions. 
Yet,  on  the  whole,  he  did  nearly  as  well  as  anybody  else  could  have 
done  the  same  motions.  Could  the  laws  of  etiquette  have  permitted 
him  to  have  been  disencumbered  of  his  hat,  it  would  have  relieved 
him  much. 

After  having  read  his  reply,  he  delivered  the  paper  to  our  Presi- 
dent, with  an  easy  inclination,  bowed  round  to  the  company,  and 
desired  them  to  be  seated.  This  politeness  seems  founded  in  reas- 
on, for  men,  after  standing  quite  still  some  time,  want  to  sit,  if  it 
were  for  only  a  minute  or  two.  Our  President  did  not  comply,  nor 
did  he  refuse,  but  stood  so  long  that  the  President  repeated  the  re- 
quest. He  deelinecli  it  by  a  low  bow,  and  retired.  We  made  our 


54  SKETCHES  OF  DEBATES 

bows,  came  out  to  the  door,  and  waited  till  our  carriages  took  us 
up.     Colonel  Humphreys  waited  on  us  to  the  door.     Returned. 

Senate  formed.  The  address  and  reply  were  ordered  on  the  min- 
utes. The  reply  was  as  follows 

GENTLEMEN  .  I  thank  you  for  your  address,  in  which  the  most 
affectionate  sentiments  are  expressed  in  the  most  obliging  terms. 
The  coincidence  of  circumstances  which  led  to  this  auspicious  crisis, 
the  confidence  reposed  in  me  by  my  fellow-citizens,  and  the  assist- 
ance I  may  expect  from  councils  which  will  be  dictated  by  an  en- 
larged and  liberal  policy,  seem  to  presage  a  more  prosperous  issue 
to  my  administration  than  a  diffidence  of  my  abilities  had  taught 
me  to  anticipate.  I  now  feel  myself  inexpressibly  happy  in  a  be- 
lief that  Heaven,  which  has  done  so  much  for  our  infant  nation,  will 
not  withdraw  its  providential  influence  ^before  our  political  felicity 
shall  have  been  completed  ,  and  in  a  conviction  that  the  Senate  will 
at  all  times  cooperate  in  every  measure  which  may  tend  to  promote 
the  welfare  of  this  confederated  Republic.  Thus  supported  by  a 
firm  trust  on  the  Great  Arbiter  of  the  universe,  aided  by  the  col- 
lective wisdom  of  the  Union,  and  imploring  the  divine  benediction 
on  our  joint  exertions  in  the  service  of  our  country,  I  readily  en- 
gage with  you  in  the  arduous  but  pleasing  task  of  attempting  to 
make  a  nation  happy. 

G.  WASHINGTON. 

The  Clerk  of  the  House  brought  up  the  impost  bill.  Thursday 
was  assigned  for  it.  Some  petitions  were  read,  and  the  House  ad- 
journed. 

May  19-  Senate  met  at  eleven.  A  report  was  taken  up  regulat- 
ing the  mode  of  keeping  the  journals,  and  directing  them  to  be  pub- 
lished monthly.  Agreed  to,  and  the  committee  appointed  to  pre- 
pare them  for  the  press.  Adjourned.  Had  agreed  with  sundry 
of  our  Pennsylvania  friends  to  go  to  the  levee.  General  Muhlen- 
berg  came  to  me,  and  told  me  they  would  meet  me  in  the  committee- 
room.  We  did  so,  and  we  went  to  the  levee.  I  went  foremost,  and 
left  them  to  follow,  and  do  as  well  as  they  could.  Indeed,  they  had 
no  great  thing  of  a  pattern,  for  I  am  but  a  poor  courtier.  •  The 
company  was  large  for  the  room.  The  foreign  Ministers  were  there. 
Van  Berkel,  the  Dutch  Minister,  (for  the  first  time,  1  suppose,) 
gaudy  as  a  peacock.  Our  Pennsylvanians  withdrew  before  me. 
The  President  honored  me  with  a  particular  tete-a-tete.  How  will 
this  weather  suit  your  farming?  Poorly,  sir;  the  season  is  the 
most  backward  I  have  ever  known.  It  is  remarkably  so  here,  but, 
by  letters  from  Pennsylvania,  vegetation  is  slow  in  proportion  there. 

The  fruit,  it  is  to  be  expected,  will  be  safe,  and  backward  seasons 


IN  TIM-:  KIKST  SKXATK  OF  THE  UNITED  STATKS.         55 

are  in  favor  of  it ;  but  in  Virginia  it  was  lost  before  I  left  that 
pl:uv.  .  .  .  Much  depends  on  the  exposure  of  the  orchard.  Those 
with  a  northern  aspect  have  been  found  by  us  to  be  the  most  cer- 
tain in  producing  fruit.  .  .  .  Yes ;  that  is  a  good  observation, 
and  should  be  attended  to.  Made  my  bow,  and  retired. 

May  20.  I  attended  at  the  Hall  about  half  after  ten  o'clock.  The 
committee  did  not  meet  me.  Senate  met,  but  there  was  no  business 
done.  Adjourned,  that  the  committees  might  go  to  work.  I 
thought  I  got  cold  yesterday  in  the  House  of  Representatives,  and 
set  off  to  come  home.  Colonel  Few  overtook  ine,  and  we  took  a 
long  walk  to  view  the  garden  of  a  Dutchman,  who  lives  beyond  the 
Bowery.  Spent  some  time,  with  a  degree  of  satisfaction,  viewing 
his  harmless  and  silent  little  beauties  of  the  garden.  On  the  road, 
Mr.  Few  threw  out  many  generous  sentiments  on  the  subject  of  the 
temporary  residence.  The  general  belief  is,  however,  that  he  is 
favorable  to  this  place. 

May  21.  Went  about  half  after  nine  to  Mr.  Morris'  lodging.  He 
was  out,  but  expected  in.  Stayed  until  ten,  and  then  went  to  the 
Hall  and  stayed  till  the  Senate  met.  Our  President  is  progressive 
in  reformation.  He  used  to  keep  us  until  half  after  eleven,  or  a 
quarter.,  at  least.  He  was  here  this  day  at  eight  or  ten  minutes 
before  eleven,  and,  strange  to  tell,  he  was  without  a  sword. 

The  impost  bill,  being  the  order  of  the  day,  was  taken  up,  and 
postponed  until  Monday.  A  resolution  was  handed  to  the  Chair 
by  Ellsworth.  It  was  for  the  Senate  forming  something  like  a 
committee  of  the  whole.  However,  it  seemed  to  amount  to  nothing 
more  than  a  suspension  of  our  rules  for  the  time  mentioned  or 
alluded  to  in  it.  Adjourned.  I  returned  home  to  write  letters. 

An  idea  has  gone  abroad  that  the  mercantile  interest  has  been 
exerted  to  delay  this  bill.  The  merchants  have  undoubtedly  regu- 
lated the  prices  of  their  goods  agreeable  to  the  proposed  duties, 
so  that  the  consumers  of  dutied  articles  really  now  pay  the  whole 
of  the  impost ;  and  whatever  the  proposed  duties  exceed  the  State 
duties  now  paid  is  clear  gain  to  the  merchant.  Some  of  them, 
indeed,  dispute  the  payment  of  the  State  impost. 

No  IK. —The  resolution  adopted  on  this  day  appears  from  the  journal  to 
have  been : 

Resolved,  That  all  bills  on  a  second  reading  shall  be  considered  by  the 
Senate  in  the  same  manner  as  if  the  Senate  were  in  a  committee  of  the  whole, 
before  they  shall  be  taken  up  and  proceeded  on  by  the  Senate,  agreeably  to 
the  standing  rules,  unless  otherwise  ordered. 

On  this  day,  William  Grayson,  from  Virginia,  appeared  and  took  his  seat. 
He  was  added  to  the  committee  appointed  on  the  13th  May,  to  define  the 
crimes  and  offenses  that  shall  be  cognizable  under  the  authority  of  the  United 
States,  and  their  punishment. 


56  SKETCHES  OF  DEBATP;S 

The  interim  collection  bill  is  rejected  in  the  lower  House ;  and 
the  reason  given  is  the  most  loose  I  ever  heard  assigned,  viz :  It 
was  said  a  better  one  was  forming.  Surely  this  was  no  parliament- 
ary reason.  Had  any  new  bill  been  offered  to  the  House — had  any 
been  in  the  hands  of  a  committee,  the  reason  would  have  justified 
the  measure ;  but  because  it  is  said  Mr.  Williams,  of  Baltimore,  is 
making  one,  of  his  own  motion,  and  without  any  order  of  the 
House,  it  is  not  so  proper.  Perhaps  it  may  turn  out  best. 

May  22.  Attended  at  the  Hall  at  ten  o'clock,  and  waited  a  whole 
hour  for  the  committee  for  arranging  the  rooms.  They  did  not 
meet.  The  Senate  met.  Soon  after,  the  clerk  of  the  lower  House 
attended  with  the  bill  for  taking  the  oaths,  which  was  presented  to 
the  Chair. 

The  President  rose  and  addressed  the  House  : 

I  have,  since  the  other  day  when  the  matter  of  my  signing  was 
talked  of  in  the  Senate,  examined  the  Constitution.  I  am  placed 
here  by  the  people.  To  part  with  the  style  given  me  is  a  dereliction 
of  my  right.  It  is  being  false  to  my  trust.  Vice  President  is  my 
title,  and  it  is  a  point  I  will  insist  upon. 

He  said  several  other  things ;  then  paused  and  looked  over  the 
bill.  He  then  addressed  the  Senate  again,  and,  with  great  positive- 
ness,  told  them  that  he  would  sign  it  as  Vice  President  of  the  United 
States  and  President  of  the  Senate. 

He  asked  Mr.  Lee  if  it  had  been  compared,  and  handed  it  to  Mr. 
Lee.  I  cannot  say  whether  he  signed  it  before  he  spoke  to  Mr.  Lee 
or  after ;  but  it  was  not  read,  nor  was  any  question  whatever  put 
upon  it — whether  it  should  be  read,  whether  it  should  be  signed,  or 
any  other  motion  whatever. 

Mr.  Ellsworth  got  up  and  declared  himself  satisfied  with  that  way 
of  signing  it.  Mr.  Strong  got  up  and  thought  it  should  be  Vice 
President  alone.  This  is  certainly  a  most  egregious  insult  to  any 
deliberative  body ;  but  as  Patterson  told  me  a  day  or  two  after  the 
gracious  affair,  that  if  I  had  not  opposed  that  measure  somebody 
else  would,  I  determined  to  see  who  would  oppose  this — and  all  was 
silence.  Adjourned  till  Monday,  at  eleven  o'clock. 

Called  on  Mr.  Morris  this  afternoon.  Told  him  that  murmurs 
were  abroad  against  the  conduct  of  the  Congress.  That  although 
the  duty  was  not  collected  for  the  use  of  the  public,  yet,  as  the  rates 
were  in  the  possession  of  everybody,  the  merchants  had  raised  then- 
goods  in  proportion.  That  the  public  was  now  in  the  act  of  paying, 
and  the  merchants  gainers,  for  the  public  treasury  got  nothing. 
That  commercial  influence  was  blamed  for  the  delay.  He  replied, 
"  I  suppose  they  blame  me."  I  answered,  these  things  were  said 


IN  THE  FIRST  SENATE  OF  TIM:  UNITED  STATES.        57 

before  you  came  to  town.  I  desired  him  to  appoint  some  time  when 
I  could  wait  on  him  in  order  to  examine  the  impost  bill,  that  we 
might  be  prepared  for  any  amendment  which  we  would  offer.  I 
asked  his  opinion  as  to  the  height  of  the  duties  generally.  He  said  he 
wished  to  see  the  bill  for  collection,  and  to  know  under  what  penal- 
ties smuggling  would  be  prohibited.  That  from  them  he  would 
form  an  opinion  whether  they  were  too  high  or  not.  I  replied  that 
they  would  not  be  too  high  with  regard  to  the  revenue  raised,  and 
I  would  have  the  penalties  and  prohibitions  against  smuggling  as 
severe  as  possible ;  and  if,  under  the  circumstances,  the  depravity 
and  villainy  of  people  would  render  the  impost  unproductive,  it 
would,  at. least,  demonstrate  the  necessity  of  adopting  some  other 
mode  of  supplying  the  treasury. 

Saturday,  23d.     This  is  a  fine  day,  and  all  the  world  are  run  a 
gadding.     Mr.  Dennis  called  this  morning.     He  says  the  ship  Chesa- 
peake, from  Bengal,  is  unloading  at  Amboy.     The  duties  on  this  ship 
would,  by  this  act,  have  been  about  £8,000 — some  say  ten.     I  am 
much  distressed  with  the  delajr  of  Congress.     The  reputation  of  our 
administration  will  be  ruined.     The  merchants  have  already  added 
the  amount  of  the  duties  to  the  price  of  their  goods.     In  this  point 
of  view  the  impost  is  levied,  but  not  a  farthing  goes  into  the  treas- 
ury of  the  United  States ;  and  all  the  difference  between  the  State 
duties  levied  and  the  proposed  duties,  is  clear  gain  to  the  merchants. 
In  the  Jerseys,  it  is  all  clear  gain,  for  they  have  no  duties ;  and 
vessels  are  daily  crowding  there  to  store  their  goods  until  the  im- 
post takes  place.     Delany's  estimate  of  the  impost  for  Pennsylvania 
for  a  year  was  $863,623=323,858:12:6.      Half  of  this  taken  for 
the  spring  importation,  is  161,929:6:6;  as  Pennsylvania  is  sup- 
posed one  half  of  the  Union,  if  we  were  adopting  States,  the  loss 
would  be  1,2954,34  : 10  ;  and  the  devil  of  it  is,  that  the  sum  will 
actually  be  paid  by  the    consumers.      I  could  not  bear   my  own 
thoughts  on  th>s  subject  any  longer.     I  considered  it  my  duty  to 
go  and  rouse  our  Pennsylvania  members.     I  called  on  the  Speaker 
and  his  brother  first.     They  admitted  all  I  said.    From  there,  I  went 
to  Mr.  Scott.     He  said  it^was  undeniable.     I  endeavored  to  rouse 
all  of  them.     From  there,  I  went  to  the  lodgings  of  Fitzsimmons 
and  Ellsworth.    Found  Mr.  Fitzsimmons.    Declared  my  mind  with 
great  freedom,  and  he  heard  me  with  more  patience  than  ever  I  re- 
member.    He  said  he  wished  he  had  stuck  to  this  business  from  the 
beginning.     That  he  had  brought  this  draft  of  a  bill,  which  was 
committed  to  Gerry,  Lawrence,  and  himself.     He  left  it  with  Law- 
rence, being  an  official  man,  to  correct.     That  Lawrence  kept  it 
three  weeks,  and  did  nothing.     That  then  Gerry  took  it,  and  kept  it 


58  SKETCHES  OF  DEBATES 

two  weeks,  and  put  it  in  the  hands  of  Mr.  Williams,  of  Baltimore, 
who  had  kept  it  until  within  three  or  four  days.  That  it  came  from 
Williams  a  most  voluminous  thing  of  more  than  forty  pages.  That 
he  would  now  stick  to  it  until  it  was  finished. 

The  foregoing  calculation,  founded  on  Delaney's  estimate,  is  cer- 
tainly much  too  high.  But  if  we  suppose  the  port  of  Philadelphia 
to  receive  one  fifth  only  of  the  importations,  and  throw  one  half  off 
for  error  and  accidents,  yet  still  the  loss  sustained  will  be  near  a 
million  and  a  half  of  dollars,  and  the  greater  part  of  this  sum 
actually  remains  as  profit  to  the  merchants.  Mr.  Fitzsimmons  has 
promised  that  the  bill  shall  be  reported  on  Monday.  The  Speaker 
has  promised  to  go  among  the  members,  and  rouse  them  all  in  his 
power.  For  my  part,  think  what  they  will  of  me,  I  will  not  be 
silent. 

Sunday,  24th.  I  attended  Mr.  Morris,  agreeable  to  appointment. 
We  did  not  perfectly  agree  about  the  preamble  of  the  bill,  but  there 
was  no  difference  of  consequence.  It  was  verbal  only.  We  came 
to  the  discrimination  between  nations  in  treaty  and  those  not. 
Here  we  differed.  He  was  totally  against  it.  He  used  arguments. 
I  made  some  reply,  but  each  retained  his  opinion.  Mr.  Morris  said 
that  teas  would  bear  more.  He  said  double,  and  I  agreed  to  it.  I 
alleged  that  all  seven  and  a  half  ad  valorem  articles  should  be  raised 
at  least  to  ten  per  cent.  Mr.  Morris  seemed  of  the  same  way  of 
thinking.  Mr.  Morris,  however,  suddenly  exclaimed,  "  Let  us  go 
to  Fitzsimmons ;  he  knows  all  about  it — he  has  been  thinking  on 
the  subject.  I  want  to  go  and  take  a  stroll  somewhere."  I  thought 
by  this,  he  did  not  like  close  thinking.  I  have  been  of  this  opinion 
before  now.  He  has,  however,  a  strong  and  vigorous  mind,  when 
it  does  act.  To  Fitzsimmons  we  went,  and  found  him  very  busy 
at  the  bill.  Mr.  Carroll,  of  House  of  Representatives,  came  in. 
We  got  on  the  discrimination.  We  were  all  of  a  different  opinion 
from  Mr.  Morris.  We  asked  Mr.  Fitzsimmons  the  reason  of  so 
many  articles  being  at  seven  arid  a  half,  which  we  thought  should 
be  ten,  along  with  glass  and  china.  He  said  there  really  was  no 
reason  for  it,  but  the  House  would  not  agree  to  it. 

Mr.  Morris  proposed  a  jaunt  to  the  Narrows,  but  no  boat  could 
be  got.  We  then  walked  up  the  North  river  to  one  Brannan's,  who 
has  the  green-house  and  garden.  Here  we  dined.  Mr.  Morris  often 
touched  me  on  the  subject  of  my  dislike  to  the  Yice  President.  We 
got  on  the  subject  of  their  salaries.  Mr.  Morris  mentioned  $20,000 
for  the  President,  and  $8,000  for  the  Yice  President.  I  opposed 
both,  but  it  was  in  the  funny  way,  all  of  it.  Mr.  Morris  had  alleged 
that  the  Vice  President  must  see  the  foreign  ministers,  &c.,  as  the 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        59 

President  could  no* .,  and  the  salary  was  to  enable  him  to  do  so  ;  and 
what  obligation  is  he  under  to  do  so.  Some  of  the  Presidents  of 
Pennsylvania  have  had  £1,250  to  enable  them  to  see  strangers. 
Some  have  not  spent  ten  pounds  per  annum  in  that  way.  Strolled, 
after  dinner,  about  the  house  taken  by  the  Vice  President.  Sat  in 
the  shade.  Crossed  the  fields,  and  came,  at  length,  to  Baron  Pol- 
nitz.  This  man  we  found  sensible,  and  well  informed.  He  has  stud- 
ied agreeableness,  and  has  more  .  .  .  in  that  way 
than  I  have  seen  before.  I  have  heard  him  spoken  rather  disre- 
spectfully of.  This,  however,  I  suppose  flowed  from  the  force  of 
our  old  habits,  derived  from  the  English,  who  seldom  ever  speak 
well  of  a  foreigner.  I  will  see  him  again.  It  is  said  he  has  moved 
in  the  highest  stations  of  life,  and  seen  much.  But  I  intend  to 
hear  from  him,  and  perhaps  will  hear  more  of  him  in  the  meanwhile. 

May  25.  Went  early  to  the  Hall.  The  Senate  met.  The  impost 
bill  was  taken  up,  and,  according  to  Ellsworth's  resolution,  we  were 
to  act  as  if  in  a  committee  of  the  whole.  But  the  President  kept  the 
chair,  and  I  thought  it  made  Mr.  Ellsworth  look  foolish.  A  mes- 
sage was  announced  from  the  President  by  General  Knox.  Accord- 
ing to  the  resolution,  we  were  in  committee  ;  but  the  President  kept 
the  chair,  and  the  General  advanced  and  laid  the  papers  (being  very 
bulky)  on  the  table.  Our  President  had  given  us  a  speech,  before 
the  minutes  were  read,  on  the  subject  of  receiving  a  message  from 
the  President.  His  supreme  delight  seems  to  be  in  etiquette. 

Wo  sat  on  the  impost  bill,  and  debated  long  on  the  style  of  the 
enacting  clause.  It  was  an  old  field,  and  the  same  arguments  were 
used  which  had  formerly  been  advanced  ;  but  the  style  of  the  law, 
which  had  already  passed,  was  adopted. 

Now  came  the  first  duty  of  twelve  cents  on  spirits  of  Jamaica 
proof.  We  debated  until  a  quarter  past  three  ;  and  it  was  reduced 
to  eight.  Adjourned. 

When  I  came  home  in  the  evening,  I  told  Mr.  Wynkoop  the  bus- 
iness of  the  day.  He  said  things  of  this  kind  made  him  think 
whether  our  style  government  in  Pennsylvania  was  not  best.  Cer- 
tain it  is  that  a  government  with  so  many  branches  affords  a  large 
field  for  caballing ;  first  in  the  lower  House,  and,  the  moment  a 
party  finds  a  measure  lost,  or  likely  to  be  lost,  all  engines  are  set  to 
work,  in  the  upper  House.  If  they  are  likely  to  fail  here,  the  last 
attempt  is  made  with  the  President ;  and  as  most  pains  are  always 
taken  by  bad  men  to  support  bad  measures,  the  calculation  seems 
in  favor  of  the  exertions  and  endeavors  that  are  used  more  than  in 
the  justness  of  the  measure. 

On  the  other  hand,  a  fuller  field  is  opened  for  investigation,  but 


60  SKETCHES  OF  DEBATES 

unfortunately,  intrigue  and  cabal  takes  place  of  fair  inquiry.  Here 
an  observation  forces  itself  upon  me :  That,  in  general,  the  further 
any  measure  is  carried  from  the  people,  the  less  their  interests  are 
attended  to. 

1  fear  that  our  impost  bill  will  be  rendered  in  a  great  measure  un- 
productive. This  business  is  the  work  of  the  New  England  men. 
They  want  the  article  of  molasses  quite  struck  out,  or,  at  least, 
greatly  reduced ;  therefore,  they  will  strike  at  everything ;  or,  to 
place  it  in  a  different  point  of  view,  almost  every  part  will  be  pro- 
scribed either  by  one  or  other  of  those  who  choose  to  be  opponents, 
for  every  conspirator  must  be  indulged  in  the  sacrifice  of  his  par- 
ticular enemy.  I  called  on  Mr.  Fitzsimmons  sometime  ago  to  ex- 
press my  fears  on  this  very  head,  and  I  wished  him  to  consent  to  a 
reduction  of  the  molasses  duty  to  four  cents  to  avoid  a  thing  of 
this  kind,  but  I  was  not  attended  to.  Indeed,  I  thought  he  had  the 
best  right  to  know.  I  felt  too  much  confidence  about  that  time  in 
the  return  of  Mr.  Morris. 

May  26.  Attended  the  Hall  early.  Was  the  first.  Mr.  Morris 
came  next,  the  President  next.  I  made  an  apology  to  the  Presi- 
dent for  the  absence  of  our  Chaplain,  Mr.  Linn.  There  had  been 
some  conversation  yesterday  in  the  Senate,  about  the  style  of  the 
Bishop.  It  had  been  entered  on  the  minutes  right  reverend.  The 
President  revived  this  discourse,  and  got  at  me  about  titles.  I 
really  never  had  opened  my  mouth  on  the  affair  of  yesterday.  He, 
however,  addressed  to  me  all  he  said,  concluding,  you  are  against 
titles.  But  there  are  no  people  in  the  world  so  much  in  favor  of 
titles,  as  the  people  of  America ;  and  the  government  never  will  be 
properly  administered,  until  they  are  adopted  in  the  fullest  manner. 
We  think  differently,  indeed,  on  the  same  subject.  I  .am  convinced 
that  were  we  to  adopt  them  in  fashion  of  Europe,  we  would  ruin  all. 
You  have  told  us,  sir,  that  they  are  idle,  in  a  philosophic  point  of 
view.  Governments  have  long  been  at  odds  with  common  sense.  I 
hope  the  conduct  of  America  will  reconcile  them.  Instead  of  add- 
ing respect  to  government,  I  consider  that  they  would  bring  the 
personages  who  assumed  them  into  contempt  and  ridicule. 

Senate  met.  After  some  motions  as  to  the  business  which  should 
be  taken  up,  and  the  appointment  of  a  committee  of  conference  on 
the  mode  of  receiving  communications  from  the  President,  the  im- 
post was  taken  up. 

There  was  a  discrimination  of  five  cents,  in  favor  of  nations  hav- 
ing commercial  treaties  with  us,  per  gallon  on  Jamaica  spirits.  Then 
rose  against  all  discrimination,  Mr.  Lee,  Mr.  Dalton,  Mr.  Izard,  Mr. 
Morris,  Mr.  Wingate,  Mr.  Strong.  At  first,  they  rather  gave  opin- 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        61 

ions  than  any  arguments.  I  declared  for  discrimination.  That  if 
commercial  treaties  were  of  any  use  at  all,  nations  in  treaty  should 
stand  on  better  terms  than  those  who  had  kept  at  a  sulky  distance. 
But  if  we  now  treated  all  alike,  we  need  never,  hereafter,  propose  a 
commercial  treaty.  I  asked,  if  we  were  not  called  on  by  gratitude, 
to  treat  with  discrimination  those  nations  who  had  given  us  a  help- 
ing hand  in  the  time  of  distress.  Mr.  Carroll  rose  on  the  same  side 
with  me. 

I  was,  however,  answered  from  all  sides.  All  commercial  treaties 
were  condemned.  It  was  echoed  from  all  parts  of  the  house  that 
nothing  but  interest  governed  all  nations.  My  very  words  were 
repeated,  and  contradicted  in  the  most  pointed  terms.  I  never  had 
delivered  anything  in  the  speaking  way  on  which  I  was  so  hard  run. 
Strong,  who  is  but  a  poor  speaker,  showed  ill-nature.  Said  nothing 
like  reason  or  argument  had  been  offered.  It  was  insisted  that  this 
discrimination  was  showing  an  inimical  disposition  to  Great  Britain  ; 
it  was  declaring  commercial  war  with  her. 

I  had  to  reply  as  well  as  I  could.  I  alleged  that  these  arguments 
were  against  the  whole  system  of  administration  under  the  old 
Congress,  and,  in  some  measure,  against  the  engagements  entered 
into  by  that  body,  although  these  engagements  were  sanctified  by 
the  Constitution  ;  that  Great  Britain  had  nothing  to  do  in  this  busi- 
ness ;  that  nations  in  treaty  were  on  terms  of  friendship.  Stran- 
gers had  no  right  to  be  offended  at  acts  of  kindness  between  friends. 
She  might  be  a  friend  if  she  pleased,  and  enjoy  these  favors.  On 
the  contrary,  I  thought  our  friends  were  the  people  who  had  a 
right  to  be  offended  if  no  discrimination  took  place. 

It  had  been  asserted  that  interest  solely  governed  nations.  I 
was  sorry  it  was  so  much  the  case,  but  I  hoped  we  would  not  in 
every  point  be  governed  by  that  principle.  The  conduct  of  France 
to  us  in  our  distress,  I  thought  was  founded,  in  part,  on  more  gen- 
erous principles.  Had  the  principle  of  interest  solely  governed,  she 
would  have  taken  advantage  of  our  distress,  when  we  were  in  abject 
circumstances,  and  would  have  imposed  hard  terms  on  us,  instead 
of  treating  on  the  terms  of  mutual  reciprocity.  She  likewise  re- 
mitted large  sums  of  money.  Was  this  from  the  principle  of  in- 
terest only  ?  What  had  been  the  conduct  of  the  two  nations  since 
the  peace  ?  Civility  on  the  part  of  the  French,  and  very  different 
treatment  by  the  British.  Our  newspapers  teemed  with  these  ac- 
counts. (Ellsworth  had  said,  it  has  been  asked  if  we  are  not  called 
on  by  gratitude,  &c.  I  answered,  no.)  The  answer  no  has  been 
given  to  the  calls  of  gratitude  in  this  business ;  but  the  great  voice 
of  the  people  at  large  would  give  a  very  different  answer.  So  far 


62  SKETCHES  OF  DEBATES 

as  my  sphere  of  knowledge  extended,  I  had  a  right  to  say  so.  But 
the  sense  of  the  people  at  large  expressed  by  their  representatives 
in  the  clause  before  us,  holds  a  different  language. 

Mr.  Langdon  spoke,  and  seemed  to  be  of  our  opinion.  I  did  not 
hear  a  no,  however,  on  the  question,  but  Mr.  Carroll's  and  my  own. 
All  ran  smooth  now  till  we  came  to  molasses.  Till  quarter  after 
three  did  the  New  Englanders  beat  this  ground,  even  to  the  bait- 
ing of  the  hook  that  caught  the  fish  that  went  to  buy  the  molasses. 
The  motion  was  to  reduce  it  to  four  cents,  from  five.  I  had  pre- 
pared notes,  but  there  was  such  an  eagerness  to  speak,  and  finding 
that  we  should  carry  it,  I  let  them  fight  it  out.  The  votes  for  four 
carried.  All  the  arguments  of  the  other  House  were  repeated  over 
and  over. 

May  27.  Attended  Senate.  The  minutes  were  read.  I  was  as- 
tonished to  hear  Strong  immediately  get  up  and  begin  a  long  har- 
rangue  on  the  subject  of  molasses.  One  looked  at  another.  Mr. 
Carroll  had  taken  his  seat  next  to  me.  Several  of  the  gentlemen 
murmured.  At  last  Mr.  Carroll  rose,  and  asked  pardon  for  inter- 
rupting any  gentleman  ;  but  said  that  matter  had  been  determined 
yesterday.  The  President  said  the  question  had  been  taken  on  four 
cents  being  put  instead  of  five  ;  but  no  question  had  been  taken  on 
the  paragraph  after  it  was  amended.  The  whole  sentence  was  on 
molasses  per  gallon,  four  cents.  That  a  second  question  should  be 
put  on  it  was  idle  ;  but  it  was  plain  that  the  matter  had  been  agreed 
on  between  the  President  and  the  New  England  men ;  and,  in  all 
probability,  they  had  got  some  people,  who  voted  for  four  yester- 
day, to  promise  to  vote  for  less  to-day. 

Dalton,  however,  got  up,  and  made  a  long  speech  that  some  of  the 
gentlemen  are  absent,  and  particularly  the  gentlemen  who  moved 
for  the  four  cents ;  and  desired  it  might  be  put  off  until  to-mor- 
row. 

Now  came  on  wine  of  Madeira.  All  the  arguments  of  yesterday 
were  had  over  again,  and  it  was  voted  at  eighteen  cents.  When  we 
came  to  loaf  sugar,  it  was  postponed.  When  we  came  to  cables,  the 
New  England  men  moved  to  postpone  everything  of  that  kind — Mr. 
Langdon  being  absent — until  we  came  to  steel.  I  then  moved  an 
adjournment,  as  it  was  near  the  time,  for  I  wished  Mr.  Morris  to  be 
here,  as  I  expect  a  pointed  opposition  on  that  business,  and  as  he 
has  got  all  the  information  on  the  most  of  subjects.  I  have  been  as 
attentive  as  possible  to  get  information,  as  far  as  my  sphere  of  in- 
fluence extended ;  but  the  private  communications  of  the  citizens 
of  Philadelphia  have,  generally,  been  by  letter  to  Mr.  Morris,  Mr. 
Fitzsimmons,  or  Mr.  Clymer.  I  regret  that  they  furnish  me  with 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        63 

none  of  this  information.  I  must,  however,  serve  my  country  as 
well  as  I  can. 

The  collection  bill  is  at  last  reported.  I  cannot  think  but  that 
there  has  been  studied  delay  in  this  business.  The  bill  itself  is  said 
to  be  a  volume.  It  is  ordered  to  be  printed. 

M:iy  28.  Having  found  the  opposition  to  run  hard  yesterday 
against  the  impost,  I  determined  to  go  this  morning  among  all  my 
Pennsylvania  friends,  and  call  on  them  for  any  information  which 
they  could  give  me  in  the  way  of  their  private  letters,  or  otherwise. 
I  got  an  account  of  all  the  sugar-houses  in  Philadelphia  from  the 
Speaker.  Called  on  Mr.  Morris.  Told  him  the  war  on  molasses 
was  to  be  waged  again.  Called  on  Mr.  Clymer  and  Mr.  Fitzsim- 
mons.  Got  from  Mr.  Fitzsimmons  a  list  of  the  Pennsylvania  pro- 
tecting duties.  Then  went  to  the  Hall.  I  was  here  over  an  hour 
before  any  person  came.  Langdon,  Carroll,  and  the  President 
came.  The  discourse  was  general  on  the  subject  of  government. 
If  our  new  government  does  well,  (said  our  President.)  I  shall  be 
more  surprised  than  ever  I  was  in  my  life.  Mr.  Carroll  said  he 
hoped  well  of  it — it  would  be  sufficiently  powerful.  If  it  is,  said 
he,  I  know  not  from  whence  it  is  to  arise.  It  cannot  have  energy. 
It  has  neither  rewards  nor  punishments.  Mr.  Carroll  replied  the 
people  of  America  were  enlightened.  Information  and  knowledge 
would  be  the  support  of  it.  Mr.  Adams  replied  information  and 
knowledge  were  not  the  sources  of  obedience.  That  ignorance  was 
a  much  better  source.  Somebody  replied  that  it  had  formerly  been 
considered  as  the  mother  of  devotion,  but  the  doctrine  of  late  was 
considered  rather  stale. 

I  began  now  to  think  of  what  Mr.  Morris  had  told  me,  that  it 
was  necessar}-  to  make  Mr.  Adams  Vice  President,  to  keep  him 
quiet.  He  is  anti-federal,  but  one  of  a  very  different  turn  from  the 
general  cast.  A  mark  ma}r  be  missed  as  well  above  as  below. 

Senate  met.  Cables,  cordage,  &c.,  came  up.  They  stood  at 
seventy-five.  Mr.  Langdon  spoke  warmly  against  this.  Mr.  Morris 
moved  a  reduction  to  fifty.  I  urged  him  so  much  that  he  said  sixty. 
This  was  seconded.  I  had  to  show  some  pointed  reason  why  I 
urged  sixty.  Indeed,  it  was -very  much  against  my  will  that  any 
reduction  took  place.  The  protecting  duties  of  Pennsylvania  were 
4/2 — about  fifty-six  cents.  To  place  the  manufacturers  of  Penn- 
sylvania, who  had  a  claim  on  the  faith  of  the  State,  on  a  worse  ground 
than  they  stood  before,  would  be  injurious,  in  a  degree,  to  their 
private  property,  and  break  the  engagement  the  State  had  made 
with  them.  This  argument  went  to  all  the  protecting  duties  of 
Pennsylvania.  Gentlemen  had  complained  that  they  had  no  hemp 


64  SKETCHES  OF  DEBATES 

in  the  Western  States.  This  was  the  case  of  Pennsylvania.  At 
the  close  of  the  war,  the  protecting  duties  on  cordage  called  for  the 
manufacturing  of  it.  The  manufacture  called  for  the  hemp.  It  was, 
in  fact,  a  bounty  on  the  raising  of  that  article.  The  effect  of  the 
protecting  duty  in  Pennsylvania,  was  at  first  felt  by  the  importers. 
It  was,  for  a  time,  an  unproductive  expense.  It  is  thus,  almost, 
with  every  distant  prospect.  He  that  plants  an  orchard,  cannot  im- 
mediately eat  the  fruit  of  it.  But  the  fruit  had  already  ripened  in 
Pennsylvania,  and  so  it  would  in  other  places.  I  was  up  four  times 
in  all.  We  carried  it,  however,  at  sixty. 

We  passed  on,  with  little  interruption,  until  we  got  to  twine.  Mr. 
Lee  kept  us  an  hour  and  a  quarter  on  this  business,  because  the 
Virginians  had  hitherto  imported  their  nets  from  Britain.  Once  for 
all,  I  may  remark  of  him,  that  he  has  given  opposition  to  every 
article,  especially  the  protecting  duties.  He  declares  openly  against 
the  principle  of  them.  Grayson  declared  against  all  impost,  as  the 
most  unjust  and  oppressive  mode  of  taxation.  It  was  in  vain  Lee 
was  told  he  could  be  supplied  with  all  the  nets  Virginia  wanted, 
from  any  part  of  New  England.  That  what  could  be  supplied  from 
any  one  part  of  the  Union,  should  be  protected  by  duties  on  the 
importations  of  the  same  articles  from  foreign  parts.  It  was  low- 
ered to  one  dollar  and  fifty  cents. 

And  now  for  the  article  of  molasses. 

Lee  declared  the  second  question  totally  out  of  order. 

It  is  true,  parliamentary  precedent  might  be  alleged  in  favor  of 
such  second  question ;  but  in  the  present  case  I  guessed  some  par- 
ties had  changed  sides.  From  the  discourse,  it  appeared  to  rne  that 
Few,  of  Georgia,  had  changed. 

The  President  made  a  harangue  on  the  subject  of  order.  The 
facts  were  all  agreed  to,  viz  :  That  it  was  agreed  to  strike  out  five 
cents.  That  the  first  motion  seconded  was  to  insert  two  cents.  The 
second  motion  seconded  was  for  three  cents.  The  third  motion  sec- 
onded was  for  four  cents.  That  a  very  long  and  tedious  discussion 
took  place  with  all  the  three  motions  before  the  Chair.  That  ad- 
journment had  been  called  for  and  negatived,  expressly  on  the 
avowed  reason  that  the  committee  would  first  get  rid  of  the  article. 
That  the  President  mentioned  from  the  chair  that  he  would  put  the 
question  on  four  first,  being  the  highest  sum.  The  question  was 
put  and  carried,  and  the  Senate  afterwards  adjourned. 

The  President  made  a  speech,  which  really  was  to  me  unintelligi- 
ble. He  seemed  willing  to  persuade  the  members  that  the  above  was 
a  very  unfair  mode  of  doing  business,  and  that  they  had  not  an  op- 
portunity of  declaring  their  sentiments  freely  in  the  above  way.  He 


IN  TIIK  FIRST  SKNATK  OF  THE  UMTKD  STATES.         65 

concluded,  however,  that  after  the  four  had  been  carried,  it  was  in 
order  to  move  for  any  lower  sum. 

Mr.  Morris  rose,  and  declared  it  was  with  reluctance  that  he  dif- 
fered with  the  Chair  on  a  question  of  order,  and  was  beginning  to 
arum'  on  the  subject.  But  the  New  England  men,  seeing  their  dar- 
ling President  likely  to  be  involved  in  embarrassment  for  the  un- 
guarded steps  he  had  taken  in  their  favor,  with  one  consent  declared 
they  were  satisfied  to  pass  the  article  at  present,  and  take  it  up  in 
the  Senate. 

Now  came  the  postponed  article  of  loaf  sugar.  Lee  labored  with 
spite  and  acrimony  in  the  business.  He  said  the  loaf  sugar  of 
America  was  bad.  It  was  lime  and  other  vile  compositions.  He 
had  broke  a  spoon  in  trying  to  dissolve  and  separate  it ;  and  so  I 
must  go  on  breaking  my  spoons,  and  the  three  millions  of  people  must 
be  taxed  to  support  half  a  dozen  people  in  Philadelphia.  He  pro- 
nounced this  sentence,  especially  the  part  about  the  spoon,  with  so 
tremulous  an  accent,  and  so  forlorn  an  aspect,  as  would  have  ex- 
cited even  stoics  to  laughter.  There  was  a  laugh,  but  no  retort  on 
him. 

I  supported  the  motion  by  showing  that  the  sugar  baking  busi- 
ness was  of  importance,  as  it  gave  emploj^ment  to  many  other  arti- 
ficers— the  mason,  brick-maker,  layer,  carpenter,  and  all  the  arti- 
ficers employed  in  building ;  for  they  had  to  build  largely.  The 
coppersmith,  potter,  and  cooper  were  in  much  employ  with  them. 
The  business  was  in  a  declining  state,  and  some  sugar-houses  dis- 
continued. In  Pennsylvania,  the  old  protecting  duty  was  9/10  per 
hundred  weight,  and  the  raw  sugar  was  I/  per  cent.  Now  there 
was  no  protecting  duty  whatever,  for  one  cent  on  the  pound  of 
brown  was  in  proportion  to  three  on  the  loaf.  The  sugar  baker 
of  Pennsylvania  was,  therefore,  undeniably  on  a  worse  footing 
than  formerly,  at  least  by  the  whole  amount  of  the  Pennsylva- 
nia protecting  duty  ;  and  as  he  paid  6/6  per  hundred  weight  more 
on  the  importation  of  the  raw  material.  The  British,  too,  aimed  at 
a  monopoly  of  this  business,  and  gave  a  bounty  of  26/  sterling  on 
exportation ;  so  that  it  became  us  to  counteract  them  or  lose  the 
manufacture.  Mr.  Morris  and  Mr.  Dalton  satisfied  some  gentlemen 
as  to  the  manner  of  importing  sugars.  I  thought  this  as  plain  a 
subject  as  could  come  before  the  House  ,  and  yet  we  divided,  and 
the  President  gave  us  the  casting  vote.  He  desired  leave  to  give 
us  the  reasons  of  his  vote.  This  seemed  to  imply  a  degree  of  vanity, 
as  if  among  us  all  we  had  not  placed  the  matter  in  a  right  point  of 
view.  For  my  part,  I  was  satisfied  with  his  vote.  It  was  now  near 
four  o'clock.  Adjourned. 
5 


66  SKETCHES  OF  DEBATES 

May  29.  The  article  of  steel  was  passed  over  with  little  difficulty, 
and  here,  I  confess,  I  expected  a  considerable  opposition.  Nails 
and  spikes  were  next.  Here  an  opposition  from  the  Carolina  and 
Georgia  men  led  to  an  increase  of  the  duty.  Now  came  salt.  Up 
rose  Lee,  of  the  ancient  Dominion.  He  gave  us  an  account  of  the 
great  revenue  derived  from  salt  in  France,  England,  and  all  the 
world.  Condemned  the  general  system  of  the  bill.  Said  this  was 
almost  the  only  article  in  it  that  would  reach  the  interior  parts  of 
the  State.  The  interior  parts  of  the  country,  with  their  new  lands, 
could  much  better  afford  to  pay  high  taxes  than  the  settlers  of  the 
exhausted  lands.  The  carriage  of  it  was  nothing,  for  they  all  had 
teams  and  fine  horses.  He  concluded  a  lengthy  harangue  with  a 
motion  for  twelve  cents,  which,  in  his  opinion,  was  vastly  too  low. 
He  was  seconded  by  Mr.  Carroll. 

Ellsworth  rose  for  an  augmentation ;  but  said  if  twelve  was  lost, 
he  would  move  for  nine.  Lee,  Carroll,  Ellsworth,  and  Morris, 
speakers  in  favor  of  the  augmentation.  Any  reduction  seemed  out . 
of  the  question  with  everybody.  Against  the  augmentation,  speak- 
ers, Izard,  Few,  and  self.  I  thought  my  friends  on  our  side  of  the 
question,  were  rather  warm,  and  used  some  arguments  that  did  not 
apply  well.  They,  perhaps,  with  equal  justice,  thought  the  same  of 
me.  I  advocated  the  new  settlers.  Endeavored  to  show  that  their 
superior  crops  were  justly  due  to  superior  labor  ;  that  every  acre  of 
new  land  cost  from  five  to  ten  dollars  per  acre,  clearing  and  fencing. 
The  expenses  of  new  buildings  were  immense.  Men  spent  an  active 
life  often  on  a  farm,  and  died  with  the  farm  in  debt  to  them.  New 
settlers  labored  for  posterity — for  the  public.  They  were  the  real 
benefactors  to  the  community,  and  deserved  exemption,  if  any  did. 
It  had  been  said  it  was  their  choice.  No  ;  necessity,  dire  necessity, 
compelled  many.  But,  were  they  exempted  from  the  effects  of 
the  other  part  of  the  bill  ?  No.  They  could  raise  no  sheep  ;  of 
course,  no  wool.  Coarse  duffels,  blankets  swan-skins,  in  a  word,  all 
their  woolens  were  imported,  and  they  would,  of  course,  pay  the 
impost  on  these  articles  from  necessity  ;  which  was  not  the  case  in 
general  with  other  citizens,  who  might  either  manufacture  or  buy, 
as  they  had  the  materials. 

But  over  and  above  this,  luxuries  would  find  their  way  among 
them.  All  people  down  to  the  savage  were  fond  of  finery  ;  the 
rudest,  the  most  so.  And  I  was  convinced  that  the  poor,  the 
amount  of  their  several  stocks  taken  into  consideration,  spent  more 
in  superfluities  than  the  rich.  All  these  arguments  apart,  the  article 
of  salt  was  the  most  necessary  of  any  in.  the  bill,  and,  in  proportion 
to  the  original  cost,  was  the  highest  taxed.  It  was  a  new  and  un- 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        67 

tried  source  of  revenue  in  many  of  the  States.  It  ought,  therefore, 
to  be  touched  with  a  gentle  hand,  if  at  all.  I  knew  not  whether  the 
discontents  would  follow  that  had  been  predicted,  and  I  hoped  they 
would  not,  but  wished  we  could  avoid  giving  occasion  for  any. 
For  these  reasons,  I  should  at  present  be  for  leaving  it  where  the 
wisdom  of  the  other  House  had  placed  it. 

The  question  was  put.  The  House  divided,  and  the  President 
gave  it  in  our  favor. 

May  30.  The  Speaker  called.  He  dined  yesterday  with  the  Pres- 
ident. A  number  of  the  Senators  were-  present.  The  Pennsylva- 
nians  had  agreed  to  call  on  Mr.  Morris  between  ten  and  eleven. 
Mr.  Morris  had  yesterday  mentioned  that  time  as  a  convenient  time 
to  him.  The  gentlemen  of  Congress  have,  it  seems,  called  on  Mrs. 
Washington  and  all  the  congressional  ladies.  Speaker,  Wynkoop, 
and  myself  called  on  Mrs.  Morris  half  after  ten.  Not  at  home. 
Left  our  card.  Being  in  the  lady  way,  we  called  to  see  Mrs.  Lang- 
don  and  Mrs.  Dalton. 

June  1.  The  impost  bill  was  taken  up,  and  a  number  of  articles 
passed  over.  When  we  came  to  tea,  the  impost  proceeded  on  a  dis- 
crimination in  favor  of  our  own  ships.  Here  a  motion  was  made  by 
Ellsworth,  seconded  by  Lee,  that  went  against  all  discrimination  in 
favor  of  our  own  shipping  ;  or,  in  other  words,  against  any  protect- 
ing duty  for  the  East  India  trade ;  and,  indeed,  the  arguments  went 
against  the  East  India  trade  altogether. 

I  got  up  early  in  the  business.  I  laid  it  down  that  the  use  of  tea, 
was  now  so  general  that  any  interdiction  of  it  was  impossible ;  that 
have  it,  the  people  would.  If  this  was  the  case,  common  prudence 
told  us  to  get  it  from  the  first  hand.  That  it  was  evident  teas  were 
now  obtained  vastly  cheaper  than  before  our  merchants  traded  to 
China.  This  difference  had  been  state'd  at  fifty  per  cent,  on  some 
teas.  It  had  been  alleged  against  this  trade,  that  it  destroyed  the 
lives  of  seamen.  The  fact  had  been  represented  different  to  me,  by 
those  who  had  made  the  voyage.  It  was  the  practice  of  all  nations 
to  encourage  their  own  trade ;  but  our  permitting  the  British  to 
supplant  us  in  this  trade,  was  suffering  them  to  encourage  their 
trade  at  our  expense. 

It  had  been  said  the  British  would  take  raw  materials  from  us, 
and  give  us  teas.  I  was  well  informed  that  the  Chinese  took  many 
articles  from  us,  and  some  that  no  other  people  would  take.  A  de- 
tail of  these  articles  I  had  no  doubt  would  be  more  fully  entered 
into  by  some  of  the  gentlemen  who  would  follow  me.  To  talk  of 
not  protecting  a  trade  sought  after  by  all  the  world,  was  a  new  phe- 
nomenon in  a  national  council.  I,  therefore,  was  clearly  for  the  dis- 
crimination. 


68  SKETCHES  OF  DEBATES 

Mr.  Morris  followed,  and  he  went  most  minutely  into  the  India 
trade.  Showed  that  ginseng  was  a  considerable  article  in  that  trade, 
anchors,  iron,  masts,  spars,  naval  stores  of  all  kinds.  He,  in  fact, 
made  it  clear  that  a  dollar,  sent  to  Europe  for  East  India  goods, 
would  not  import  more  than  half  a  dollar  sent  to  the  East  Indies. 
The  debate  was  amazingly  lengthy.  Both  Few  and  Ellsworth  said 
the  trade  had  been  represented  as  flourishing.  This  it  had  obtained 
without  any  protecting  duties ;  why,  then,  give  any  now. 

I  rose  to  information,  and  mentioned  that  the  protecting  duty  of 
Pennsylvania  was  two  pence  per  pound,  and  the  protecting  duty  of 
the  State  of  New  York  two  pence  ;  and  that  the  ill  policy  of  with- 
drawing these  duties  now,  wnen  the  trade  to  the  East  was  threat- 
ened wTith  combination  against  it,  was  evident. 

We  got  the  discrimination  carried,  by  nine  votes  against  eight. 

Now  for  the  duty.  Mr.  Morris  moved  to  raise  all  the  tea  duties. 
This  was  lost.  But  I  wish  we  had  uniformly  moved  to  raise ;  for 
by  this  means  we  secured  it  at  the  rate  in  the  bill. 

When  we  came  to  the  real  discrimination,  now  a  great  debate 
arose.  Four  cents  was  the  difference  on  Boheas  ;  and  so,  nearly  in 
proportion,  Mr.  Lee  moved  for  eight ;  avowedly  on  this  principle, 
that  the  four  cents  were  more  than  the  old  protecting  duty,  under 
which  the  trade  had  flourished.  This  debate  was  mostly  conducted, 
on  our  side,  by  Mr.  Morris.  I  only  showed  that  though  the  differ- 
ence between  six  and  ten  cents  was  more  than  the  old  protecting 
duties,  the  difference  between  six  and  eight  was  less  ;  and  that  the 
gentlemen,  on  their  own  principle,  should  have  moved  for  more  than 
eight.  Bnt  in  the  critical  situation  of  the  trade  to  the  East,  with 
combinations  in  India,  and  ships  fitted  out  at  Ostend,  and  the  in- 
creasing endeavors  of  the  English  to  engross  the  whole  trade  of  the 
East,  the  discrimination  of  four  was  not  too  much.  Carried,  at  four 
o'clock — nine  to  eight. 

In  the  first  argument,  I  mentioned  that  if  there  had  been  any  ex- 
clusive company  engrossing  the  India  trade,  there  might  be  some- 
thing in  the  arguments.  This,  however,  was  not  the  case  ;  nor  could 
it  be. 

June  2.  After  some  preliminary  business,  proceeded  on  the  im- 
post bill,  without  much  opposition,  till  we  came  to  an  enumeratiori 
of  fifteen  or  sixteen  articles,  which  all  stood  at  seven  and  a  half  per 
cent.  The  most  of  these  articles  stood,  in  the  old  protecting  duties 
of  Pennsylvania,  at  twelve  per  cent.  I  feared  much  the  spirit  of 
reduction  would  get  into  the  opposers  of  the  impost,  and  that  they 
would  be  for  lowering  everything.  From  this  sole  motive  I  would 
have  moved  an  augmentation,  by  way  of  securing  the  duty  where  it 


Tx  TIIK  "FnisT  SKXATK  OF  Tin;  I'NITKD  STATKS.        69 

was.  However,  hero  I  had  better  ground.  I  set  out  with  naming 
over  the  greater  part  of  the  articles  on  which  the  protecting  duties 
of  Pennsylvania  were  twelve  and  a  half  per  cent. ;  and  thirteen  per 
cent,  in  Xew  York.  I  reasoned,  from  the  effect  of  these  duties,  on 
the  promoting  the  manufacture.  But  by  the  present  duties,  the 
manufacturers  would  stand  on  worse  ground,  by  five  per  cent.,  than 
they  had  done  under  the  States'  laws ;  that,  although  the  United 
States  were  not  absolutely  obliged  to  make  good  the  engagements 
of  the  State  to  individuals,  yet,  as  individuals  had  embarked  their 
property  in  these  manufactures,  depending  on  the  State  laws,  I 
thought  it  wrong  to  violate  those  laws  without  absolute  necessity. 

I  was,  as  usual,  opposed  by  the  southern  people.  Before  I  rose, 
I  spoke  to  Mr.  Morris  to  rise  and  move  an  augmentation.  He  said, 
no. 

Mr.  Few,  of  Georgia,  asserted  that  the  manufacturers  of  Penn- 
sylvania would  be  better  off  under  the  seven  and  a  half  than  they 
had  been  under  the  twelve  and  a  half  per  cent.  Mr.  Morris  got  up, 
and  asserted  the  same  thing.  I  declare,  I  could  not  believe  either 
of  them.  Mr.  Morris,  however,  stated  the  manufacture  of  paper 
to  be  in  the  most  flourishing  condition  imaginable,  in  Pennsylvania. 
Said  he  was  afraid  to  mention  the  amount  of  paper  that  had  been 
exported  last  year,  lest  he  might  not  be  believed.  That  it  had  been 
stated  to  him  at  not  less  than  £80,000.  He  went  through  the  busi- 
ness, down  to  gathering  the  rags  in  the  street. 

After  this,  it  was  in  vain  to  say  anything  more ;  but  the  effect 
was,  that  it  stood  at  seven  and  a  half. 

A  number  of  articles  were  now  raised  to  ten  per  cent.  But  what 
surprised  me  was  that  Mr.  Morris  was  against  raising  leather  and 
leathern  manufactures,  canes,  walking-sticks,  whips,  ready-made 
clothing,  brushes,  gold,  silver,  and  plated  ware,  jewelry  and  paste 
work,  wrought  tin  and  pewter  ware.  He  gave  no  reason  for  this, 
which  is  not  usual  with  him.  Some  of  the  articles  were,  notwith- 
standing, placed  at  ten,  without  him.  His  weight,  in  our  Senate, 
is  great  on  commercial  subjects. 

Mr.  Morris  moved,  at  my  request,  to  have  cotton  exempted  for 
some  time,  from  duty.  This  carried  by  a  kind  of  compromise. 

We  proceeded  smoothly  till  we  came  to  the  drawback  on  fish, 
\-( -..  and  New  England  rum.  Long  conversations  on  this  subject; 
but  agreed  to.  We  expected  a  sharp  debate  on  the  drawback  or, 
.  .  in  American  vessels,  but  it  passed  nem.  con.  The 
last  clause  Mr.  Morris  moved  to  expunge,  but  it  was  carried,  and  I 
heard  not  a  no  but  his  own.  It  was  now  late,  and  we  adjourned. 

I  omitted  to  mention,  in  its  proper  place,  that  Mr.  Morris  moved 


70  SKETCHES  OF  DEBATES 

for  ten  per  cent,  on  a  long  list  of  scythes,  sickles,  axes,  spades, 
shovels,  locks,  hinges,  &c.,  &c.,  down  to  plow  irons,  but  none  of 
them  were  carried,  and,  of  course,  stood  in  the  mass  of  five  per 
cent. 

June  3.  At  eleven,  the  Senate  met.  The  clerk  from  the  House 
of  Representatives  came  with  a  message,  and  brought  up  the  law 
about  the  oaths. 

The  impost  was  taken  up,  the  title  and  preamble  debated,  and  al- 
tered a  little,  and  now  a  lengthy  debate  took  place,  on  a  motion  of 
Mr.  Lee  to  put  off  the  consideration  of  the  bill  until  Monday  next. 
I  spoke  first  against  the  motion.  I  was  for  proceeding  immediately. 
The  bill  had  been  very  long  under  consideration.  -The  public  ex- 
pectation had  been  tired.  A  million  of  dollars  had  been  lost  to  the 
treasury,  and  what  was  still  worse,  the  people  had  paid  the  money ; 
for  the  merchants  had  raised  their  goods,  and  the  impost  was  in 
actual  collection  on  all  the  spring  importations.  That  I  wished  the 
new  Government  might  stand  fair  with  the  public,  and  give  no  just 
cause  of  censure  at  so  early  a  period. 

After  very  considerable  debate,  Mr.  Morris  moved  that  to-morrow 
be  assigned  for  the  second  reading  in  the  Senate.  This  was  agreed 
to. 

Now,  a  very  long  debate  took  place  about  the  newpapers.  All 
the  printers  in  the  city  crowd  their  papers  into  the  hands  of  the 
members.  The  bulk  of  the  papers  consist  of  advertisements.  Use- 
ful information  ought  not  to  be  excluded ;  but  this  is  over-done. 
The  real  mean  appeared  to  me  to  be  the  taking  of  one  or  two  papers 
by  each  member.  But  one  part  of  the  House  struggled  for  taking 
all ;  the  other,  for  taking  none.  No  vote  could  be  carried  for  either ; 
and,  of  course,  the  printers  will  continue  their  old  practice  of  send- 
ing, and  expect  payment. 

June  4.  Went  to  the  Hall  at  ten,  but  found  the  members  occupied 
by  two  committees.  Sauntered  about  till  eleven  ;  rather  disagree- 
ably. Senate  was  formed.  The  minutes  were  read.  They  stood  : 
Mr.  Langdon  administered  the  oath  to  the  Vice  President — the  Vice 
President  administered,  &c.  The  law  is,  the  oath,  &c.,  shall  be  ad- 
ministered, by  any  one  member  of  the  Senate,  to  the  President  of 
the  Senate,  and  by  him  to  all  the  members.  And  again  :  The  Pres- 
ident of  the  Senate,  for  the  time  being. 

The  minutes  are  totally  under  the  direction  of  our  President. 

The  Journal  of  the  Senate  stands  thus  :  Ordered,  THat  Mr. 
Langdon  administer  the  oath  to  the  Vice  President ;  which  was 
done  accordingly.  And  the  Vice  President  administered  the  oath, 
according  to  law,  to  the  following  members  :  To  Messrs.  Langdon. 


Tx  TIIK  FMIST  SKXATK  OF  THE  UNJTKD  STATI>.        71 

Wingate,  Strong,  Dalton,  Johnson,  Ellsworth,  Patterson,  Maclay, 
Morris,  Read,  Bassett,  Carroll,  Henry,  Lee,  Grayson,  Izard,  Few, 
Guim.  The  same  oath  was,  by  the  Vice  President,  administered  to 
the  secretary,  together  with  the  oath  of  office.  But  now  a  discourse 
was  raised  again,  whether  the  members  should  be  styled  honorable 
on  the  minutes  The  President  declared,  from  the  chair,  that  it  was 
a  most  serious  affair,  and  a  vote  of  the  House  should  be  taken  on  it. 
He  gave  us  a  touch,  again,  on  the  subject — was  against  using  the 
word  unless  right  was  added  to  it.  He  said  a  good  deal  to  this 
purpose.  Lee  was  up  in  a  moment  for  it.  The  President  made  us 
a  second  speech.  He  said  it  was  of  great  importance.  If  we  took 
the  title  honorable,  it  was  a  colonial  appellation,  and  we  should 
disgrace  ourselves,  forever,  by  it — that  it  was  applied  to  the  justices 
of  every  court. 

Up  now  rose  Grayson,  of  Virginia,  and  gave  us  volley  after  vol- 
ley against  all  kinds  of  titles  whatever.  Louder  and  louder  did  he 
inveigh  against  them. 

Lee  looked  like  madness.  Carroll  and  myself  exchanged  looks 
and  laughs  of  congratulation.  Even  the  President  himself  seemed 

struck  in  a  heap Grayson  mentioned  the  Doge  of  Venice 

in  his  harrangue,  as  he  was  mentioning  all  the  great  names  in  the 
world.  Pray,  do  you  know  his  title,  said  the  President,  from  the 
chair.  No,  says  Grayson,  smartly,  I  am  not  very  well  acquainted 
with  him. 

We  no\v  took  up  the  impost  bill,  and  proceeded  smoothly  till  we 
come  to  the  article  of  molasses. 

It  was  the  wish  of  a  majority  of  the  Senate,  to  have  the  question 
without  any  debate.  But  now  Mr.  Dalton  rose  ;  and  we  were  obliged 
to  hear  everything  over  again,  which  had  been  formerly  advanced. 
It  was  long  and  tedious.  Some  observations  were  just  and  perti- 
nent, but  many  quite  foreign  to  the  purpose. 

Dr.  Johnson  rose  on  the  same  side.  Dalton  was  for  lowering  to 
three  cents ;  but  Dr.  Johnson  said  he  had  been  convinced  that  it 
ought  to  be  but  two,  or  rather  none  at  all.  The  drift  of  the  Doctor's 
arguments  was  :  Molasses,  imported,  is  either  distilled,  and  then,  as 
a  raw  material,  it  ought  not  to  be  taxed ;  or  it  is  consumed  by  the 
poor,  as  food,  and  so  ought  not  to  be  taxed.  So  it  ought  not  to  be 
taxed  at  all. 

I'p  rose  Strong,  and  facing  himself  to  the  right,  where  Mr.  Mor- 
i-is :ind  myself  sat,  fell  violently  on  the  members  from  Pennsylvania, 
with  insinuations  that  seemed  to  import  that  we  wished  to  over- 
charge New  England  witli  an  undue  proportion  of  the  impost. 
AVhat  was  the  most  remarkable,  Mr.  Morris  had  whispered  to  n;e 


72  SKETCHES  or  DEBATES 

that  he  would  not  get  up  on  the  business,  but  would  attend  with 
the  utmost  attention  to  all  their  arguments,  fully  determined  to 
give  them  their  utmost  weight.  But  when  this  attack  was  begun, 
I  could  see  his  nostrils  widen,  and  his  nose  flatten  like  the  head  of 
a  viper.  Ellsworth,  however,  got  up  before  him,  and  this  gave  him 
time  to  recollect  himself.  He  rose  after  Ellsworth,  and  charmingly 
did  he  unravel  all  their  windings.  It  is  too  long  to  set  down ;  but 
he  was  clear,  strong,  and  conclusive. 

I,  in  the  meanwhile,  busied  myself  in  examining  the  abstract  of 
the  importations  into  Philadelphia,  given  me  by  Delaney.  In  this 
place,  I  cannot  help  remarking  that  there  is  something  of  a  singular- 
ity in  my  disposition.  Although  I  was  equally  concerned,  I  really 
felt  joy  on  this  attack,  and  the  more  so  when  I  saw  Mr.  Morris  was 
moved.  The  bufferings  that  I  used  to  get  from  some  of  these  peo- 
ple, in  his  absence,  and  the  sentimental  insults  that  I  received, 
seemed  now  to  say,  take  you,  too,  a  part. 

When  he  had  done,  I  rose,  and  repeated  from  their  own  observa- 
tion, that  the  whole  of  the  molasses  imported  into  Massachusetts 
was  three  millions  of  gallons.  Two  millions  they  distilled,  and  had 
the  drawback,  if  they  chose  to  export  it,  so  that  this  was  totally 
out  of  the  question.  That  consumed  in  the  State,  in  substance, 
was  the  remaining  million.  But  we  imported,  last  year,  so  much 
molasses  into  Pennsylvania,  that,  making  sufficient  allowance  for 
two  distilleries  that  were  worked,  the  remainder  for  consumption, 
in  substance  was  half  a  million.  Was  this  the  object  to  make  such 
a  stir  about?  It  was  said  some  of  the  New  England  rum  was 
drunk  in  the  State.  Be  it  so.  Take  any  given  quantity,  be  it  what 
it  may,  it  is  consumed  under  a  duty  of  four  cents  per  gallon ;  for, 
the  gallon  of  molasses  yields,  in  .distillation,  rather  a  larger  than  a 
less  quantity  than  gallon  for  gallon.  But  we  import  near  one  mil- 
lion of  gallons  of  spirits  into  Pennsylvania,  and  this  is  consumed 
under  a  duty  of  from  eight  to  ten  cents.  We  imported,  also,  five 
millions  of  raw  sugar ;  above  one  million  of  coffee,  which  was  said 
to  be  half  of  the  coffee  used  in  the  United  States ;  besides  a  full 
proportion  of  all  other  goods.  I  spoke  not  at  random,  or  without 
book.  Here  was  the  abstract  in  the  handwriting  of  Sharp  Delany, 
the  collector.  Were  we  then  the  people  for  imposing  unequal  bur- 
dens ?  No.  We  were  imposing  no  burdens  of  which  we  were  not 
about  to  bear  a  share ;  a  great,  perhaps  the  greatest,  share. 

Dalton  rose,  and  remarked  on  the  great  uncertainty  of  all  calcu- 
lations. He  was,  however,  modest.  A  variety  of  people  spoke. 
Some  heat  seemed,  at  one  time,  to  arise  between  Lee  and  Langdon. 
There  was  a  considerable  shifting  about  the  question.  It  was  at 


IN  THK  FIRST  SKNATK  OF  Tin-;  UNITED  STATES.        73 

last  settled  that  the  question  should  be  to  reduce  the  duty  to  three 
cents,  expressly  on  the  condition  of  taking  away  tho  drawback. 
Mr.  Morris  and  myself  both  voted  against  it.  Izard,  Gun,  and 
some  others,  voted  expressly  on  the  condition  of  the  drawback 
being  taken  away.  The  others  joined,  but  with  a  design  of  retain- 
ing the  drawback.  So  stands  this  curious  affair  till  to-morrow. 
Past  three,  and  adjourned. 

I  must  not  omit  that  Carroll  got  up  and  spoke  well  on  our  side. 
He  stated  the  inequality  of  duty  on  molasses  and  sugar,  as  sweets  ; 
that  a  gallon  of  molasses  was  equal,  as  a  sweet,  to  seven  pounds  of 
good  brown  sugar.  Seven  cents  on  one,  four  on  the  other. 

Friday,  June  5.  Called,  this  morning,  on  Mr.  Fitzsimmons,  and 
got  from  him  a  list  of  the  imposts  into  Pennsylvania  and  into  Vir- 
ginia. Went  to  the  Hall,  and  waited  until  the  meeting  of  the  Sen- 
ate. We  now  fell  to  the  impost,  and  proceeded  to  the  article  of 
loaf  sugar ;  and  here  they  directly  moved  a  reduction  of  one  cent. 
Lee  and  Ellsworth  spoke  against  it,  as  formerly.  I  rose,  and  re- 
peated the  sum  of  the  old  arguments.  Dr.  Johnson,  who  was  with 
us  before,  now  fell  off.  Dalton  changed.  It  was  reduced  to  three. 

We  swam  on,  smoothly,  to  the  teas,  imported  from  any  other 
country  than  China.  This  clause  admitted  all  foreigners  to  come 
directly  to  America,  from  China  and  India. 

Dalton  moved  an  amendment,  that  should  confine  the  direct  trade, 
from  India  and  China  to  the  United  States,  to  our  own  vessels. 

Mr.  Morris  got  up,  and  said  that  although  he  was,  in  sentiment, 
with  the  gentleman,  yet,  as  he  believed  it  would  not  meet  the  appro- 
bation of  gentlemen,  he  would  not  second  the  motion,  but  leave  the 
matter  until  experience  would  fully  show  the  necessity  of  it. 

Mr.  Carroll  got  up,  said  if  the.  matter  was  right,  it  should  be 
tried  now,  and  "not  wait  for  experiment,  which  might  be  attended 
with  detriment ;  and  seconded  the  motion. 

And  now,  strange  to  tell,  both  Lee  and  Ellsworth  rose,  and  sup- 
ported the  motion.  I  listened,  with  astonishment,  when  I  recol- 
lected the  debates,  on  this  very  subject,  on  Monday  last.  The 
whole  trade  to  India  was  then  inveighed  against,  condemned,  and 
almost  execrated  ;  and,  now,  the  very  men  declared  for  it,  and  for 
securing  it  exclusively  to  ourselves.  This  change  I  cannot  account 
for.  If  there  was  any  preconcerted  measure,  Mr.  Morris  certainly 
knew  nothing  of  it.  One  inference,  however,  follows  clearly,  from 
the  conduct  of  Lee  and  Ellsworth,  that  they  are  governed  by  con- 
veniency  or  cabal.  Had  judgment  been  the  rule  of  their  conduct, 
their  behavior,  on  Monday,  would  not  have  been  so  inconsistent 
with  that  of  this  day.  I  was  content  with  the  bill  as  it  stood. 


74  SKETCHES  OF  DEBATES 

The  difference  of  duty,  and  the  discount  of  ten  per  cent,  in  favor  of 
our  own  vessels,  I  thought  pretty  well  for  protecting  our  trade, 
without  absolutely  excluding  all  the  world.  But  I  had  another 
reason.  I  doubt  much  whether  the  House  of  Representatives  will 
agree  to  our  amendments.  Every  new  one  will,  or  may  be  a  source 
of  dissension  or  delay.  I  have  labored  with  all  the  diligence  in  my 
power,  to  hasten  on  the  impost ;  but  I  am  counteracted  ;  for  what 
can  one  man  do.  It  now  seems  evident  that  remarkable  influence 
is  exerted  to  delay  the  impost  until  they  get  in  all  their  summer 
goods. 

Yesterday  was  the  anniversary  of  his  Britannic  Majesty's  birth. 
It  was  a  highday,  and  celebrated  with  great  festivity,  on  that  ac- 
count. The  old  leaven  of  anti-revolutionism  has  leavened  the  whole 
lump ;  nor  can  we  keep  the  Congress  free  from  the  influence  of  it. 

People  may  act  as  they  think  proper  in  their  elections,  and  they 
will  still  do  so.  Lawyers  and  merchants  are,  generally,  their  choice. 
But  it  seems  as  difficult  to  restrain  a  merchant  from  striking  at  gain, 
as  to  prevent  the  keen  spaniel  from  springing  at  game  that  he  has 
been  trained  to  pursue.  Habit,  with  them,  is  become  a  second  na- 
ture. Indeed,  the  strongest  propensities  of  nature  are  often  post- 
poned to  it.  Lawyers  have  keenness,  and  a  fondness  for  disputa- 
tion. Wrangling  is  their  business.  But  long  practice  in  supporting 
any  cause  that  offers,  has  obliterated  regard  to  right  or  wrong. 

About  two  o'clock,  the  word  levee,  and  adjourn,  was  repeated 
from  sundry  quarters  of  the  House — adjourn  to  Monday.  The 
President  caught  hold  of  the  last.  Is  it  the  pleasure  of  the  House 
that  the  adjournment  be  to  Monday  ?  A  single  no  would  not  be 
heard  among  the  prevailing  ayes.  Here  are  most  important  bills 
before  us,  and  }^et  we  shall  throw  all  by  for  empty  ceremony ;  for 
attending  the  levee  is  little  more.  Nothing  is  regarded  at  such 
meetings  but  the  qualifications  that  flow  from  the  tailor,  barber,  and 
dancing  master.  To  be  clean  shaved,  shirted,  and  powdered ;  to 
make  your  bows  with  grace,  and  to  be  master  of  small  chat  on  the 
weather,  play,  or  newspaper  anecdote  of  the  day,  are  qualifications 
necessary.  Levees  may  be  extremely  useful  in  old  countries,  where 
men  of  great  fortunes  are  collected,  as  it  may  keep  the  idle  from 
being  much  worse  employed.  But  here,  I  think,  they  are  hurtful 
They  interfere  with  the  business  of  the  public,  and  instead  of  em- 
ploying only  the  idle,  have  a  tendency  to  make  men  idle  who  should 
be  better  employed.  Indeed,  from  these  small  beginnings,  I  fear 
we  shall  follow  on,  nor  cease  till  we  have  reached  the  summit  of 
court  etiquette,  and  all  the  frivolities,  fopperies,  and  expense  prac- 
ticed in  European  Governments. 


IN  THE  FIKST  SKXATE  OF  THE  UNITED  STATES.        75 

June  6.  It  was  half  past  ten  when  Mr.  B.  called  on  me.  He 
seemed  so  earnest  that  I  should  go  with  him  that  I  agreed  to  meet 
him  in  half  an  hour  at  the  Ferry  House,  and  accompany  him  home. 
The  wind  was  high,  and  direct  ahead.  It  was  five  when  we  reached 
Elizabethtown  Point.  Here  was  Governor  Livingston  and  a  dining 
party.  They  had  eat  their  fish,  and  were  sauntering  on  a  porch. 
Mr.  B.  introduced  me  to  the  Governor,  a  man  plain  and  rather 
rustic  in  his  dress  and  appearance.  I  had  often  heard  of  his  being 
a  man  of  uncommon  abilities,  and  was  all  attention.  But  the  occa- 
sion offered  nothing  but  remarks  of  a  convivial  kind.  But  we 
learned  that  the  old  gentleman  in  returning  late  was  overturned  in 
his  chair,  and  much  bruised.  Heard,  on  my  coming  to  my  lodging' 
of  the  arrival  of  two  India  men  at  Philadelphia,  under  command 
of  Barry  and  Truxton,  who  report  all  the  rest  to  be  on  their  way  ; 
and,  now,  perhaps,  We  shall  get  the  impost  and  collection  bills 
passed. 

On  the  Senate  Journal,  under  date  of  Monday,  June  8,  it  is  stated 
that  Pierce  Butler,  from  South  Carolina,  appeared,  and  took  his 
seat. 

Tuesday,  June  9.  The  bill  imposing  duties  on  tonnage  was  read 
a  first  time,  and  Tuesday  next  was  assigned  for  the  second  reading. 

The  Senate  proceeded  in  the  second  reading  of  the  bill  for  laying 
a  duty  on  goods,  wares,  and  merchandise  imported  into  the  United 
States,  and  Wednesday  next  was  assigned  for  the  third  reading  of 
the  bill. 

The  journal  of  Mr.  Maclay  proceeds  : 

June  9.  Although  I  was  not  present  yesterday,  nevertheless 
they  were  busy  at  the  impost.  The  affair  of  confining  the  East  In- 
dia trade  to  the  citizens  of  America  had  been  negatived,  and  a  com- 
mittee had  been  appointed  to  report  on  this  business.  The  report 
came  in  with  very  high  duties,  amounting  to  a  prohibition.  But  a 
new  phenomenon  had  made  its  appearance  in  the  House  since  Fri- 
day. Pierce  Butler,  from  Carolina,  had  taken  his  seat,  and  flamed 
like  a  meteor.  He  arraigned  the  whole  impost  law,  and  then  charged 
(indirectly)  the  whole  Congress  with  a  design  of  oppressing  South 
Carolina.  He  cried  out  for  encouraging  the  Danes  and  Swedes  and 
foreigners  of  every  kind  to  come  and  take  away  our  produce.  In 
fact,  he  was  for  a  navigation  act  reversed. 

Ellsworth,  Morris,  Carroll,  Dalton,  Langdon  for  the  report ;  Few, 
Izard,  Butler,  Lee  against  it.  And  until  four  o'clock  was  it  battled, 
with  less  order,  less  sense,  and  less  decenc}r,  too,  than  any  question 
I  have  ever  yet  heard  debated  in  the  Senate. 


76  SKETCHES  OF  DEBATES 

I  did  not  like  the  report  well,  but  concluded  to  vote  for  it,  all 
things  considered  ;  rather  than,  by  rejecting  it,  to  have  all  set  afloat 
on  that  subject  again.  Butler's  party  had  conducted  themselves 
with  so  little  decorum,  that  any  effect  their  arguments  might  have 
had  was  lost  by  their  manner ;  and  nobody  rose  but  themselves. 
This  was  really  the  most  misspent  day  that  I  remember  in  Congress. 
I  did  not  rise  once,  but  often  called  for  the  question. 

To-morrow  is  assigned  for  the  third  reading  of  the  bill,  and  I  hope 
we  will  finish  it;  or  at  least  send  it  down  to  the  other  House.  If  I 
had  stood  in  need  of  any  proof  of  the  instability  of  Lee's  political 
character,  this  day  gave  me  a  fresh  instance  of  it.  Now  again,  he 
vilified  and  traduced  the  India  trade. 

June  10.  Attended  at  the  hall  at  the  usual  time,  and  the  impost 
bill  was  taken  up  for  a  third  reading.  I  will  not  enter  into  any  de- 
tail of  the  speeches  and  arguments  entered  into.  The  lately-arrived 
Mr.  Butler  is  the  most  eccentric  of  creatures.  He  moved  to  strike 
out  the  article  of  indigo.  Carolina  was  not  obliged  to  us  for  taking 
notice  of  her  affairs  ;  ever  and  anon  crying  out  against  local  views 
and  partial  proceedings ;  and  the  most  local  and  partial  creature  I 
ever  heard  open  a  mouth.  All  the  impost  bill  was  calculated  to  ruin 
South  Carolina.  He  has  words  at  will ;  but  scatters  them  the  most 
at  random  of  any  man  I  ever  heard  pretend  to  speak.  He  seems 
to  have  a  particular  antipathy  to  Mr.  Morris.  Izard  has  often  mani- 
fested something  of  a  similar  disposition. 

We  sat  until  four  o'clock,  but  did  not  get  quite  through  it. 

June  11.  Attended  the  hall,  as  usual.  Mr.  Izard  and  Mr.  Butler 
opposed  the  whole  of  the  drawbacks,  in  every  shape  whatever.  Mr. 
Gray  son,  of  Virginia,  warm  on  this  subject.  Said  we  were  not  ripe 
for  such  a  thing.  We  were  a  new  nation,  and  had  no  business  for 
any  such  regulations— a  nation  sui  generis.  Mr.  Lee  said  draw- 
backs were  right,  but  would  be  so  much  abused  he  could  not  think 
of  admitting  them. 

Mr.  Ellsworth  said  New  England  rum  would  be  exported,  instead 
of  West  India,  to  obtain  the  drawback. 

I  thought  it  best  to  say  a  few  words  in  reply  to  each.  We  were 
a  new  nation,  it  was  true  ;  but  we  were  not  a  new  people.  We  were 
composed  of  individuals  of  like  manners,  habits,  and  customs  with 
the  European  nations.  What,  therefore,  had  been  found  useful 
among  them,  came  well  recommended,  by  experience,  to  us.  Draw- 
backs stand  as  an  example,  in  this  point  of  view,  to  us.  If  the 
thing  was  right  in  itself,  there  could  be  no  just  argument  drawn 
against  the  use  of  a  thing  from  the  abuse  of  it.  It  would  be  the 
duty  of  Government  to  guard  against  abuses,  by  prudent  appoint- 


IN  rrin:  FIRST  SKNATK  OF  TIIK  UNITED  STATKS.        77 

ments  and  watchful  attention  to  officers.  That  as  to  changing  the 
kind  of  rum,  1  thought  the  collection  bill  would  provide  for  this, 
by  limiting  the  exportation  to  the  original  casks  and  packages.  1 
said  a  great  deal  more,  but  really  did  not  feel  much  interested 
either  way.  But  the  debate  was  very  lengthy.  Butler  flamed  away, 
and  threatened  a  dissolution  of  the  Union,  with  regard  to  his  State? 
as  sure  as  God  was  in  the  firmament.  He  scattered  his  remarks 
over  the  whole  impost  bill,  calling  it  partial,  oppressive,  &c.,  and 
solely  calculated  to  oppress  South  Carolina ;  and  yet,  ever  and 
anon  declaring  how  clear  of  local  views,  how  candid  and  dispassion- 
ate he  was.  He  degenerated  into  mere  declamation.  His  State 
would  live  free,  or  die  glorious,  &c.,  &c.  We,  however,  got  through 
by  three  o'clock. 

I  will  now  memorandum  one  remark.  The  Senators  from  Jersey, 
Pennsylvania,  Delaware,  and  Maryland,  in  every  act,  seemed  desir- 
ous of  making  the  impost  productive,  both  as  to  revenue,  and 
effective  for  the  encouragement  of  manufactures ;  and  seemed  to 
consider  the  whole  of  the  imposts  (salt  excepted)  much  too  low. 
Articles  of  luxury,  many  of  them  would  have  raised  one  half.  But 
the  members  both  from  the  north  and,  still  more  particularly,  from 
the  south,  were  ever  in  a  flame  when  any  articles  were  brought  for- 
ward that  were  in  any  considerable  use  among  them. 

Dined  this  day  with  Mr.  Morris.  Mr.  Fitzsimmons  and  Mr.  Cly- 
mer,  all  the  compairy,  except  Mrs.  Morris  and  three  children.  Mrs. 
Morris  talked  a  great  deal  after  dinner.  She  did  it  gracefully 
enough.  This  being  a  gayer  place,  and  she  being  here  considered 
as  at  least  the  second  female  character  at  court.  As  to  taste  eti- 
quette, &c.,  she  is  certainly  the  first.  I  thought  she  discovered  a 
predilection  for  New  York ;  but  perhaps  she  was  only  doing  it  jus- 
tice, while  my  extreme  aversion,  like  a  zealous  sentinel,  is  for  giving 
no  quarter. 

I,  however,  happened  to  mention  that  they  were  ill  supplied  with 
the  article  of  cream.  Mrs.  Morris  had  much  to  say  on  this  subject. 
Declared  they  had  done  all  they  could,  and  even  sent  to  the  country 
all  about,  but  that  they  could  not  be  supplied.  She  told  many  an- 
ecdotes on  this  subject.  Particularly  how,  two  days  ago,  she  dined 
at  the  President's.  A  large  and  fine  looking  trjjne  was  brought  to 
table,  and  appeared  exceedingly  well,  indeed.  She  was  helped  1>\ 
the  President,  but  on  taking  some  of  it,  she  had  to  pass  her  hand- 
kerchief by  her  mouth  and  rid  herself  of  the  morsel — on  which  she 
whispered  the  President,  the  cream  of  which  it  is  made  had  been 
unusually  stale  and  rancid  ;  on  which  the  General  changed  his  pinto 


78  SKETCHES  OF  DEBATES 

immediately.  But,  she  added,  with  a  titter,  Mrs.  Washington  ate  a 
whole  heap  of  it. 

But  where  in  the  world  has  this  trifle  led  me.  I  have  ever  been 
very  attentive  to  observe,  if  possible,  General  Washington's  private 
opinions  on  the  pompous  part  of  government.  His  address,  fellow 
citizens,  to  the  two  Houses  of  Congress,  seems  quite  republican. 
Mrs.  Morris,  however,  gave  us  something  on  this  subject.  General 
Washington,  on  a  visit  to  her,  had  declared  himself,  in  the  most 
pointed  manner,  for  generous  salaries ;  and  added,  that  without 
large  salaries  proper  persons  never  could  be  got  to  fill  the  offices 
of  government  with  propriety.  He  might  deliver  something  of  this 
kind  with  propriety  enough  without  using  the  word  large.  How- 
ever, if  he  lives  with  the  pompous  people  of  New  York,  he  must  be 
something  more  than  human,  if  their  high  toned  manners  have  not 
some  effect  on  him.  On  going  first  among  Indians,  I  have  observed 
decent  white  people  view  them  with  a  kind  of  disgust ;  but  when 
the  Indians  were  by  far  the  most  numerous,  the  disgust  would,  by 
degrees,  wear  off — indifference  followed,  and  by  degrees  attachment, 
and  even  fondness.  How  much  more  likely  are  the  arts  of  atten- 
tion and  obsequiousness  to  make  an  imitative  impression. 

It  is  stated  on  the  Senate  Journal  of  the  llth  June,  (inter  alia,) 
that  the  Senate  entered  on  executive  business,  and  received  from 
the  President  of  the  United  States  a  communication  in  relation  to 
the  functions  and  prerogatives  of  consuls,  vice  consuls,  &c. 

June  12.  Mr.  Lee,  in  behalf  of  the  committee  thereto  appointed, 
reported  a  bill  to  establish  the  judicial  courts  of  the  United  States. 
The  Senate  entered  on  executive  business. 

The  journal  of  Mr.  Maclay  proceeds  : 

Attended  the  judicial  committee,  and  had  the  bill  read  over.  It 
was  long  and  somewhat  confused.  I  was  called  out ;  they,  however, 
reported  it  soon  after  the  Senate  met,  and  a  number  of  copies  were 
ordered  to  be  struck  off.  Monday  se-night  appointed  for  it 

The  Indian  treaties  were  now  taken  up  and  referred  to  a  commit- 
tee of  three  to  report. 

Mr.  Butler  made  a  most  naming  speech  against  the  judicial  bill. 
He  was  called  to  order  from  the  chair,  and  was  not  a  little  angry 
about  it. 

The  French  convention  was  called  up  and  read,  respecting  the 
privileges  of  consuls,  vice  consuls,  &c.,  but  was  postponed. 

We  now  adjourned,  and  I  went  to  the  levee.  I  was  rather  late. 
Most  of  the  company  were  coming,  and  I  felt  easier  than  I  used  to 
do,  and  I  believe  I  had  better  attend  every  day  until  I  finish  the 
affair  of  Davy  Harris.  I  spoke  to  Col.  Humphreys,  and  desired  to 


IN  TIN-:  FIKST  SKXATK  or  THE  UNITED  STATES.         79 

know  when  I  should  call  on  him.  lie  said  nine  o'clock.  I  believe 
I  will  go  at  that  hour  to-morrow.  In  the  evening  Mr.  White,  of 
Virginia,  called  on  me.  We  walked  after  tea.  Had  much  discourse 
on  the  subject  of  removing  Congress.  I  have  not  been  mistaken  in 
my  opinion  of  the  Virginians.  He  declared  for  staying  here  rather 
tliMii  agree  to  the  Falls  of  Delaware.  As  we  came  home  the  speaker 
overtook  us  on  horseback. 

My  mind  revolts  in  many  instances  against  the  Constitution  of 
the  United  States.  Indeed,  I  am  afraid  it  will  turn  out  the  vilest 
of  all  traps  that  ever  was  set  to  ensnare  the  freedom  of  an  unsus- 
pecting people.  Treaties  formed  by  the  Executive  of  the  United 
States  are  to  be  the  laws  of  the  land.  To  cloak  the  Executive  with 
legislative  authority  is  setting  aside  our  modern  and  much  boasted 
distribution  of  power  into  legislative,  judicial,  and  executive — dis- 
coveries unknown  to  Locke  and  Montesquieu,  and  all  the  ancient 
writers.  It  certainly  contradicts  all  the  modern  theory  of  govern- 
ment, and  in  practice  must  be  tyranny. 

Mem.  Get  if  I  can  the  Federalist,  without  buying  it.  It  is  not 
worth  it.  But  being  a  lost  book,  Izard  or  some  one  else  will  give 
it  to  me.  It  certainly  was  instrumental  in  procuring  the  adoption 
of  the  Constitution.  This  is  merely  a  point  of  curiosity  and  amuse- 
ment, to  see  how  wide  of  his  (its)  explanations  and  conjectures  the 
stream  of  business  has  taken  its  course. 

June  15.  Monday,  attended  at  the  Hall,  and  the  tonnage  act  was 
taken  up.  We  got  about  half  way  through  the  first  clause  of  it  by 
four  o'clock.  A  clause  stood :  On  all  ships  or  vessels  within  the 
United  States,  and  belonging  wholly  to  a  citizen  or  citizens  thereof. 
Izard  moved  to  have  the  latter  part  of  it  struck  out,  the  effect  of 
which  would  have  been  that  no  discrimination  would  have  been 
made  between  our  own  citizens  and  foreigners. 

Lee,  Butler,  Grayson,  Izard,  and  Few  argued  in  the  most  un- 
ceasing manner,  and  I  thought  most  absurdly  on  this  business. 

The  first  time,  I  made  a  short  remark  that  the  foreigner  and  citi- 
zen must  both  build  their  ships  in  America ;  and  then,  evidently,  for 
everything  that  followed,  they  stood  alike.  That  the  superior  capi- 
tal of  the  foreigners  would  enable  them  to  build  more  ships  lower 
than  us,  and  would,  in  time,  give  them  the  whole  of  our  trade.  That 
the  bill  bore  on  the  face  of  it  a  discrimination  in  favor  of  our  mer- 
chants, but  the  fact  would  turn  out  otherwise  ;  and,  therefore,  I  was 
for  continuing  the  clause  as  it  stood. 

A  little  before  the  question  was  put,  I  rose  a  second  time.  Said 
no  former  transaction  was  so  likely  to  throw  light  on  this  subject 

Mr.  Reed  rose,  and  was  on  his  feet  for  an  hour.     He  had  to  talk 


80  SKETCHES  OF  DEBATES 

as  a  short  history  of  the  British  navigation  act.  Cromwell  origin- 
ated it  in  spleen  against  the  Dutch.  But  the  effects  of  it  were  seen 
before  the  Restoration,  and  it  was  then  reenacted  Great  murmurs 
arose.  The  Scotch  thought  themselves  ruined,  and  sent  their  Peers 
up  to  remonstrate  against  it.  The  tonnage  of  Great  Britain  then 
stood  ninety-five  thousand  two  hundred  and  sixty-six.  In  fifteen 
years,  it  was  one  hundred  and  ninety  thousand  five  hundred  and 
thirty-three.  In  twenty  years  more,  it  was  two  hundred  and  seven- 
ty-three thousand  six  hundred  and  ninety-three.  The  present  ton- 
nage of  Massachusetts  alone  is  now  one  hundred  thousand. 

It  had  been  urged  that  it  would  be  time  enough  half  a  century 
hence  to  talk  of  measures  for  a  navy.  A  single  State  was  in  a  better 
condition  now,  in  point  of  shipping,  than  the  British  nations  were 
at  the  Restoration.  Therefore,  delay  was  the  worst  of  policy.  It 
was  generally  allowed  that  the  spirit  of  the  navigation  act  was  to 
give  a  monopoly  of  the  trade  of  the  British  nations  to  their  own 
shipping  and  sailors.  In  view  solely  mercantile,  this  was,  perhaps, 
wrong,  as  by  these  means  our  foreign  articles  would  be  dearer,  and 
our  home  produce  cheaper.  But  the  object  was  a  national  one. 
Shipping  and  sailors  were  the  objects,  and,  though  the  landed  part 
of  the  community  was  not,  perhaps,  so  rich,  yet  the  nation  was  safe, 
for  national  power  is  of  more  consequence  than  individual  wealth. 
The  suspension  of  the  navigation  act,  it  was  believed,  would  be  pro- 
ductive of  a  great  flow  of  wealth  to  the  British  nation,  or,  at  least, 
the  manufacturing  and  agricultural  part  of  it ;  but  the  purchase 
would  cost  them  their  shipping  and  sailors.  And,  finally,  the  for- 
eigners would  have  a  monopoly  of  the  whole  traffic,  one  of  the  worst 
of  evils,  provided  they  conducted  their  navigation  on  terms  of  more 
economy,  as  was  generally  believed  of  the  Dutch. 

But  what  were  we  doing.  Were  we  passing  a  navigation  act  ? 
No.  A  slight  discrimination  was  all  that  was  aimed  at,  and  if  the 
motion  was  adopted,  the  discrimination  would  operate  against  us. 

The  question  was  put,  and  the  clause  remained.  Near  four,  and 
adjourned. 

June  16.  This  day,  passed  the  residue  of  the  tonnage  bill,  with 
much  debate.  Broke  up  early,  and  went  to  hear  the  debates  in  the 
House  of  Representatives.  After  dinner,  went  and  walked  a  con- 
siderable time,  to  gain  strength  for  my  knee. 

Some  observations  having  called  me  up  this  day,  I  endeavored 
to  comprise  all  I  had  to  say  in  as  little  bounds  as  possible,  by  ob- 
serving that  there  were  two  extremes  in  commercial  regulations 
equally  to  be  avoided.  The  principle  of  the  navigation  act  might 
be  carried  so  far  as  to  exclude  all  foreigners  from  our  ports.  The 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        81 

consequence  would  be  a  monopoly  in  favor  of  the  mercantile  inter- 
est. The  other  was  an  unlimited  license  in  favor  of  foreigners,  the 
consequence  of  which  would  be  a  monopoly  in  favor  of  the  cheapest 
earners,  and,  in  time,  a  total  dependence  on  them.  Both  extremes 
ouijlit  to  be  avoided,  by  giving  certain  indulgences  to  our  own 
trade  and  that  of  our  friends,  in  such  degree  as  will  secure  them 
the  ascendency  without  hazarding  the  expulsion  of  foreigners  from 
our  ports. 

On  an  annexed  leaf,  under  date  of  June  It,  1789,  he  remarks: 
The  balloting  business  (see  this  hereafter  referred  to)  prevented  my 
mentioning  in  order  the  more  important  debate  on  the  tonnage 
act.  The  amendments  (for  which  we  may  thank  the  influence 
of  this  city)  for  doing  away  the  discrimination  between  foreigners 
in  and  out  of  treaty  with  us,  have  been  carried.  It  was  in  vain 
that  I  gave  them  every  opposition  in  my  power.  I  laid  down  a 
marked  difference  between  impost  and  tonnage.  The  former  impo- 
sition is  paid  by  the  consumer  of  the  goods  ;  the  latter  rests  on  the 
owner  of  the  ship,  at  least  in  the  first  instance.  That  sound  policy 
dictated  the  principle  of  encouraging  the  shipping  of  our  friends ; 
that  nations  not  in  treaty  would  not  be  considered  as  the  most 
friendly.  I  read  the  fifth  article  of  the  commercial  treaty  with 
France,  and  denied  that  we  had  any  power  of  imposing  any  ton- 
nage on  her  shipping,  save  an  equivalent  to  the  one  hundred  sols 
on  coasters.  I  gave  my  unequivocal  opinion,  that  a  want  of  dis- 
crimination in  her  favor  was  contrary  to  the  spirit  of  the  treaty, 
and  expressed  fears  of  her  resentment. 

Ellsworth  answered  me ;  but  the  most  that  he  said  was  that  our 
interest  called  for  it ;  and  he  pledged  himself  that  we  would  never 
hear  from  France  about  it.  But  speaking  was  vain.  I  never  saw 
the  Senate  more  listless  or  inattentive,  nor  more  determined. 

June  IT.  Called  on  Mr.  Scott.  Told  him  of  the  request  of  the 
arrangement  committee.  Met,  and  made  a  short  report. 

The  Senate  formed,  passed  the  residue  of  the  impost  bill,  without 
much  debate.  In  now  came  Mr.  Jay  to  give  information  respecting 
Mr.  Short,  who  was  nominated  to  supply  the  place  of  Mr.  Jefferson, 
at  the  court  of  France,  while  Mr.  Jefferson  returned  home. 

And  now  the  President  rose  to  give  us  a  discourse  on  the  subject 
of  form — how  we  should  give  our  advice  and  consent. 

I  rose,  perhaps  more  early  than  might  have  been  wished  by  some, 

and  stated  that  this  business  was  in  the  nature  of  election.     That 

the  spirit  of  the  constitution  was  clearly  in  favor  of  ballot — that  this 

mode  could  be  applied  without  difficulty.     "When  the  person  was 

6 


82  SKETCHES  OF  DEBATES 

0 

put  up  in  nomination,  the  favorable  tickets  should  have  a  yea — and 
the  others  should  be  blanks. 

Few,  of  Georgia,  rose  and  seconded  me.  Izard  made  a  long  speech 
against  it.  Mr.  Carroll  spoke  against  it — Mr.  Langdon  and  Mr. 
Morris  ;  but  Lee,  Ellsworth,  and  Butler  for  it.  Mr.  Morris'  speech 
principally  turned  on  its  being  below  the  dignity  of  the  Senate,  who 
should  be  open,  bold,  and  unawed  by  any  consideration  whatever. 

I  rose,  at  last,  and  spoke  perhaps  longer  than  I  had  done  on  any 
former  occasion.  It  had  been  considered  unworthy  of  a  Senator  to 
conceal  any  vote.  The  good  of  the  public,  however,  required  se- 
crecy in  many  things ;  but  the  ballot  did  not  take  away  the  right 
of  open  conduct.  On  the  contrary,  it  was  the  duty  of  every  Sena- 
tor to  disclose  the  defects  of  any  candidate,  where  they  were  great, 
or  might  be  attended  with  danger  to  the  public.  But,  as  the  nomi- 
nations came  from  the  President,  it  was  not  to  be  expected  that 
characters  notoriously  flagitious  would  ever  be  put  in  nomination. 
Every  Senator,  when  voting  openly,  would  feel  inconvenience  from 
two  quarters — or,  at  least,  he  was  subjected  to  it.  I  would  not  sayr 
in  European  language,  that  there  would  be  court  favor  and  court 
resentment,  but  there  would  be  about  the  President  a  kind  of  sun- 
shine that  people,  in  general,  would  wish  to  enjoy  the  warmth  of. 
Openly  voting  against  the  nominations  of  the  President  would  be 
the  sure  mode  of  losing  this  sunshine.  This  was  applicable  to  all 
Senators,  in  all  cases.  But  there  was  more.  A  Senator,  like  an- 
other man,  would  have  the  interest  of  his  friends  to  promote.  The 
cause  of  a  son  or  a  brother  might  be  lodged  in  his  hands.  Will 
such  a  one,  in  such  a  case,  wish  openly  to  oppose  the  President's 
judgment. 

But  there  are  other  inconveniences.  The  disappointed  candidate 
will  retaliate  the  injury,  which  he  feels,  against  the  Senator.  It  may 
be  said  the  Senator's  station  will  protect  him.  This  can  extend 
only  to  the  time  of  his  being  in  office ;  and  he,  too,  must  return  to 
private  life,  where,  as  a  private  man,  he  must  answer  for  the  offenses 
given  by  the  Senator.  The  ballot  left  the  judgment  equally  free, 
and  none  of  the  above  inconveniences  followed.  When,  then,  equal 
advantages  flowed,  without  any  of  the  disadvantages,  the  mode  least 
subject  to  inconvenience  was  preferable.  Many  gentlemen  had  de- 
clared how  perfectly  indifferent  it  was  to  them.  I  believed  the  same 
thing  of  every  Senator  in  the  present  House.  But  was  this  always 
to  continue  ?  No.  We  must  expect  men  of  every  class  and  every 
description  within  these  walls.  The  present  character  of  our  Pres- 
ident was  no  security  that  we  should  always  have  men  equally  em- 
inent. That  in  those  places  where  elections  were  conducted  viva 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        83 

voce,  the  hopes  and  fears  of  electors  were  so  wrought  on  by  the 
wealthy,  powerful,  and  bold,  that  few  votes  were  given  entirely  free 
from  influence,  unless  it  was  by  the  happy  few  who  were  independ- 
ent in  spirit  as  well  as  in  fortune ;  that  we  need  not  expect  the 
Senate  always  to  be  composed  of  such  desirable  characters.  It  had 
IK  en  clearly  stated  and  admitted,  that  the  mode  by  ballot  was 
equally  applicable  to  the  present  case  as  that  of  viva  voce ;  and  be- 
ing free  from  any  inconveniences  that  the  other  was  subject  to, 
ought,  undoubtedly,  to  be  adopted. 

June  18.  And  now  the  mode  of  approving  or  disapproving  of 
the  nomination.  I  did  not  minute  it  yesterday'.  But  our  President 
rose  in  the  chair,  and  delivered  his  opinion  how  the  business  ought 
to  be  done.  He  read  the  Constitution,  argued,  and  concluded ;  I 
would  rise  in  the  chair,  and  put  the  question,  individually,  to  the 
Senators  :  Do  you  advise  and  consent  that  Mr.  Short  be  appointed 
charge  d'affaires  at  the  Court  of  Prance  ?  Do  you  ?  Do  you  ? 

Mr.  Carroll  spoke  long  for  the  viva  voce  mode.  He  said  ballot 
was  productive  of  caballing  and  bargaining  for  votes.  He  then 
wandered  so  wide  of  the  subject  as  to  need  no  attention. 

Mr.  Ellsworth  made  a  most  elaborate  harrangue.  A  great  part 
of  it  was,  however,  about  the  duty  of  our  President,  and  inventing 
a  mode  how  he  might  also  ballot  in  case  of  a  division.  He,  how- 
ever, towards  the  close  of  it,  made  a  strange  distinction  :  that  voting 
by  ballot  suited  bashful  men  best ;  but  was  the  worst  way  for  bad 
and  unprincipled  men. 

I  wished  to  repeat  nothing  of  what  had  been  said  yesterday,  but 
replied,  that  so  far  from  balloting  being  productive  of  caballing,  it 
was  the  very  bane  and  antidote  against  it.  That  men  made  bargains 
for  certainties ,  but  it  was  in  vain  to  purchase  or  bargain  for  a  vote 
by  ballot,  which  there  was  no  certainty  of  the  party  ever  obtaining 
as  he  had  no  method  of  securing  the  performance  of  a  promise  or 
of  knowing  whether  he  was  deceived  or  not. 

As  to  the  distinction,  of  balloting  being  the  worst  way  for  bad 
men,  I  thought  differently.  The  worst  of  men  were  known  to  re- 
spect virtue.  The  ballot  removed  all  extrinsic  force  or  obligation. 
It  was  the  only  chance  of  making  a  bad  man  act  j  ustly — the  matter 
was  left  to  his  own  conscience  ;  there  were  no  witnesses.  If  he  did 
wrong,  it  was  because  he  loved  vice  more  than. virtue ;  which,  I  be- 
lieved, even  among  bad  men,  was  not  the  fact,  in  one  case  out  of 
ten.  The  question  was  at  last  taken  and  carried  by  eleven  votes — 
seven  voting  against  it.  Z.  was  so  crooked  he  voted  against  us, 
though  he  had  spoken  for  us,  and  quoted  Harrington  to  show  his 
reading. 


84  SKETCHES  OF  DEBATES 

The  people  who  lost  this  question  manifested  much  uneasiness, 
particularly  the  President  and  Mr.  Langdon.  Langdon  was  even 
fretful.  The  President  threw  difficulties  in  our  way.  The  Senate 
had  decreed  their  advice  and  consent  by  ballot.  Nothing  like  this 
in  history,  or  ever  heard  of  before.  But  what  rank  was  Mr.  Short 
to  hold  in  the  diplomatic  corps  ?  What  kind  of  a  commission  was 
he  to  have  ?  This  must  be  settled  by  ballot.  He  set  us  afloat  by 
these  kind  of  queries,  and  an  hour  and  a  quarter  was  lost  in  the 
most  idle  discourse  imaginable.  He  seemed  willing  to  entangle  the 
Senate ;  or,  rather,  some  of  them  were  entangled  about  the  secre- 
tary of  the  legation  and  the  charge  d'  affaires,  not  knowing  a  dis- 
tinction. We,  however,  got  through  it  by  a  resolution,  declaring 
our  advice  and  consent  in  favor  of  Mr.  Short. 

In  an  annexed  memorandum,  he  further  remarks  as  follows : 

After  having  again  explained  the  manner  of  concurring  or  reject- 
ing a  nomination  by  ballot,  in  a  manner  so  plain  as  did  not  admit 
of  contradiction,  I  replied  to  the  observation  that  no  example  of 
anything  of  the  kind  could  be  found  in  history.  That  in  the  old 
kingdom  of  Arragon,  where,  though  the  executive  was  monarchical, 
yet  that  republican  provisions  had  been  attended  to  with  unexampled 
attention.  The  court  appointed  by  the  Justiza  gave  their  sentence 
by  ballot ;  and  offered  to  produce  history  to  the  point,  but  was  not 
contradicted. 

Took  up  the  impost,  and  talked  idly  to  past  the  usual  time  of  ad- 
journment. An  adjournment  called  for,  and  took  place, 

I  have  ever  been  as  attentive  as  I  possibly  could  be  to  discover 
the  real  disposition  of  the  President.  He  has  been  very  cautious 
hitherto.  The  message  about  Mr.  Short  touches  a  matter  that  may 
be  drawn  into  precedent.  It  states  the  desire  of  Mr.  Jefferson  to 
return  for  some  time,  and  nominates  Mr.  Short  to  supply  his  place 
during  his  absence.  The  leave  for  return,  &c.,is  not  laid  before  the 
Senate.  Granting  this  power  to  be  solely  with  the  President,  the 
power  of  dismissing  ambassadors  seems  to  follow  ;  and  some  of  the 
courtiers  in  the  Senate  fairly  admitted  it.  I  chose  to  give  the  matter 
a  different  turn,  and  delivered  my  opinion.  That  our  concurring 
in  the  appointment  of  Mr.  Short  fully  implied  the  consent  of  the 
return  of  Mr.  Jefferson,  That,  if  we  chose  to  prevent  the  return  of 
Mr.  Jefferson,  it  was  only  to  negative  the  nomination  of  Mr.  Short 
or  any  other  one  to  fill  his  place.  It  is  the  fault  of  the  best  gov- 
ernors, when  they  are  placed  over  a  people,  to  endeavor  to  enlarge 
their  powers  by  applying  to  public  stations  what  would  be  laudable 
in  private  individuals,  a  desire  of  bettering  their  stations.  Thus 
the  farmer  acts  well  who,  by  industry,  adds  field  to  field.  As  so 


Ix  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        85 

would  the  governor  who  would  add  to  the  public  wealth  or  happi- 
ness ;  but  adding  to  the  personality,  if  I  may  so  speak,  or  to  the 
personal  power  of  the  governor,  is  a  faulty  industry.  A  question 
has  been  agitated  with  great  warmth  in  the  House  of  Represent- 
atives whether  the  sole  power  of  displacing  officers,  or,  to  speak 
strictly,  the  Secretary  for  Foreign  Affairs,  shall  remain  with  the 
President.  From  the  small  beginning,  in  the  case  of  Mr.  Short,  it 
is  easy  to  see  what  the  court  opinion  will  be  with  respect  to  this 
point.  Indeed,  I  entertain  not  a  doubt,  but  many  people  are  aim- 
ing, with  all  their  force,  to  establish  a  splendid  court,  with  all  the 
pomp  of  majesty.  Alas,  poor  Washington,  if  you  are  taken  in  this 
snare.  How  will  the  gold  become  dim  ?  How  will  the  fine  gold  be 
changed  ?  How  will  all  your  glory  fade  ? 

Friday,  June  19.  And  now  the  impost  bill,  as  sent  back  from  the 
House  of  Representatives,  with  an  almost  total  rejection  of  our 
amendments,  was  taken  up.  There  was  but  little  speaking.  Mr. 
Lee  made  a  distinction,  in  his  parliamentary  way,  between  the  word 
insist  and  adhere,  and  it  was  carried  to  use  the  word  insist. 

After  the  two  first  articles  were  insisted  on,  Mr.  Morris  moved 
that  one  question  should  be  taken  on  all  the  other  disagreements. 
Saving  time  was  his  object ;  but  we  only  lost  by  it.  He  did  not 
seem  to  have  been  well  understood. 

I  rose  and  explained  his  motion,  and  to  his  satisfaction,  as  he 
said.  The  result  of  the  whole  was  that  we  insisted  on  nearly  all  our 
amendments ;  and  I  suppose  they  will  adhere  to  the  original  bill. 
This  really  seems  like  playing  at  cross  purposes,  or  differing  for  the 
sake  of  sport.  I  voted  on  the  principles  of  accommodation  through- 
out the  whole.  Indeed,  this  was  but  repeating  my  former  vote. 
Indeed,  there  was  nothing  to  differ  about — only  opinion  founded  on 
conjecture.  One  imagined  a  thing  was  too  high.  Another  thought 
it  too  low  to  raise  the  money  which  we  wanted.  Others  wished  them 
low,  on  purpose,  that  the  deficiency  might  be  so  great  that  we  would 
be  forced  into  an  excise.  I  abhorred  this  principle,  though  my  col- 
league is  fond  of  it.  Adjourned  over  to  eleven  o'clock,  on  Monday. 

Mr.  Maclay  continues  : 

The  Judiciary  Bill. 

June  22.  Attended  the  Senate.  The  bill  for  settling  the  new 
judiciary  was  taken  up.  Much  discourse  about  the  mode  of  doing 
business.  We  were  in  committee.  The  first  and  second  clauses 
postponed.  A  question  taken  whether  there  should  be  district 
courts.  Much  wrangling  about  words.  This  was  carried. 


86  SKETCHES  OF  DEBATES 

But  now  Mr.  Lee  brought  forward  a  motion  nearly  in  the  words 
of  the  Virginia  amendment,  viz:  that  the  jurisdiction  of  the  Fed- 
eral courts  should  be  confined  to  cases  of  admiralty  and  maritime 
jurisdiction. 

Lee  and  Grayson  supported  this  position.  Ellsworth  answered 
them ;  and  the  ball  was  kept  up  until  past  three  o'clock. 

The  question  was  going  to  be  put.  I  rose  and  begged  to  make  a 
remark  or  two.  The  effect  of  the  motion  was  to  exclude  the  Fed- 
eral jurisdiction  from  each  of  the  States,  except  in  admiralty  and 
maritime  cases.  But  the  constitution  expressly  extended  it  to  all 
cases,  in  law  and  equity,  under  the  constitution  and  laws  of  the 
United  States ;  treaties  made  or  to  be  made,  &c.  We  already  had 
existing  treaties,  and  were  about  making  many  laws.  These  must 
be  executed  by  the  federal  judiciary.  The  arguments  which  had 
been  used,  would  apply  well  if  amendments  to  the  constitution  were 
under  consideration  ;  but,  certainly,  were  inapplicable  here.  I  sat 
down.  Some  called  for  the  question,  and  some  for  an  adjournment. 

The  adjournment  carried. 

Strong,  this  day,  in  conversation,  mentioned  that  the  President 
would  continue  no  longer  in  office  than  he  saw  matters  fairly  set 
going,  and  then  Mr.  Adams  will  begin  his  reign. 

Mr.  Maclay  further  observed,  that  Dr.  Rush  and  himself  puffed 
Mr.  Adams  in  the  papers,  and  brought  him  forward  as  Yice  Presi- 
dent, and  that  this  will  probably  make  him  President ;  and  that 
their  motive  was  to  make  him  useful  among  the  New  England  men, 
in  our  scheme  of  bringing  Congress  to  Pennsylvania,  &c. 

June  23.  Attended  at 'the  hall  a  little  after  ten.  Came  into  the 
Senate  chamber.  There  was  nobody  here  but  Mr.  Adams.  He  was 
in  the  great  chair.  When  I  came  in,  he  left  it ;  came  and  sat  near 
me  until  he  read  a  newspaper.  Shifted  to  the  chair  next  to  me — 

NOTE. — The  judiciary  bill  was  originated  in  the  Senate.  On  the  7th  of 
April,  the  day  after  a  quorum  of  the  Senate  was  formed,  as  before  observed, 
Messrs.  Ellsworth,  Patierson,  Maclay,  Strong,  Lee,  Bassett,  Few,  and  Win- 
gate  were  appointed  a  committee  to  bring  in  a  bill  for  organizing  the  judiciary 
of  the  United  States.  On  the  12th  June,  Mr.  Lee,  on  behalf  of  the  commit- 
tee, reported  a  bill  to  establish  the  judicial  courts  of  the  United  States.  It  is 
stated  in  Flander's  Life  of  Ellsworth,  that  the  bill  reported  is  in  his  hand- 
writing, and  is  still  preserved  in  the  archives  of  the  Government.  It  is  there 
added,  that  it  passed  with  but  little  alteration  from  the  original  draft ;  that  it 
is  unknown  what  arguments  were  employed  against  it  in  the  Senate ;  but  in 
the  House,  it  was  decried,  as  wholly  unnecessary ;  as  establishing  a  govern- 
ment within  a  government,  which  would  jostle  and  finally  destroy  each  other. 
A  supreme  court,  with  appellate  jurisdiction,  together  with  State  courts  of 
admiralty,  was  the  only  system,  it  was  said,  that  the  necessities  or  wishes  of 
the  people  required.  Mr.  Livermore,  of  New  Hampshire,  declared  that  he 
could  not  conceive  the  occasion  of  the  new  system,  "unless  to  be  to  plague 
man&twc?."— - Flanders  Life  of  Ellsworth,  p.  159-60. 


Of   THE 

UNIVERSITY 

OF 

SI 

IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        87 

began  a  discourse  on  the  subject  of  Pennsylvania.  Said  they  were 
"  the  best  republicans  in  the  Union.  Their  adoption  was  unequiv- 
ocal.  This  could  not  be  said  of  Boston,  New  York,  or  Virginia." 

I  replied,  that  we  had,  no  doubt,  our  faults ;  but  certainly  the 
virtues  of  plainness,  industry,  and  frugality  would  be  allowed  to  us, 
in  some  degree.  That  Federalism  was  general,  but  there  was  a  gen- 
eral abhorrence  of  the  pomp  and  splendid  expense  of  Government, 
especially  of  everything  which  bordered  on  royalty.  Several 
members  came  in  and  joined  us. 

Senate  formed,  and  the  business  of  yesterday  was  taken  up  just 
where  we  left  it.  The  discourses  of  yesterday  were  all  repeated. 
Mr.  Lee  endeavored  to  give  the  whole  business  a  new  turn,  to  elude 
the  force  of  what  I  had  said  yesterday.  According  to  his  explana- 
tion of  admiralty  and  maritime  jurisdiction,  he  would  have  taken 
in  a  vast  field. 

I  rose,  and  read  over  from  the  Constitution  a  number  of  the 
powers  of  Congress,  viz  :  collecting  taxes,  duties,  imposts ;  natur- 
alization of  foreigners  ;  laws  respecting  the  coinage  ;  punishing  the 
counterfeiting  of  the  coin  ;  treason  against  the  United  States,  &c. ; 
declared  that  no  force  of  construction  could  bring  these  cases  within 
admiralty  or  maritime  jurisdiction,  and  }^et  all  these  cases  were, 
most  expressly,  the  province  of  the  federal  judiciary.  So  that  the 
question  expressly  turned  on  this  point,  shall  we  follow  the  Consti- 
tution, or  not  ?  I  said  a  good  deal  more ;  but  this  was  the  sub- 
stance. 

Mr.  Lee,  after  some  time,  opposed  me  with  a  very  singular  argu- 
ment. He  rose,  and  urged  that  the  State  judges  would  be  all  sworn 
to  support  the  Constitution ;  that  they  must  obe}7"  their  oath,  and, 
of  course,  execute  the  Federal  laws.  He  varied  this  idea  in  sundry 
shapes. 

I  rose,  and  opposed  to  this,  that  the  oath  taken  by  the  State 
judges  would  produce  quite  a  contrary  effect.  That  they  would 
swear  to  support  the  Constitution ;  that  the  Constitution  placed 
the  judicial  power  of  the  Union  in  one  Supreme  Court,  and  such 
inferior  courts  as  should  be  appointed ;  and,  of  course,  the  State 
judges,  in  virtue  of  their  oaths,  would  abstain  from  every  judicial 
act  under  the  Federal  laws,  and  would  refer  all  such  business  to  the 
Federal  courts ;  that  if  any  matter  made  cognizable  in  a  Federal 
court  should  be  agitated  in  a  State  court,  a  plea  to  the  jurisdiction 
would  immediately  be  put  in,  and  proceedings  would  be  stayed. 
No  reply  was  made,  the  question  was  soon  taken,  and  the  motion 
was  rejected. 

The  first  clause  of  the  bill  was  now  called  for.     Grayson  made  a 


SS  SKETCHES  OF  DEBATES 

long  harangue.  I  mentioned  that  I  thought  this  an  improper  time 
to  decide  absolutely  on  this  part  of  the  bill.  If  the  bill  stood  in  its 
present  form,  and  the  circuit  courts  were  continued,  six  judges  ap- 
peared to  be  too  few.  If  the  circuit  courts  were  struck  out,  they 
were  too  many.  That  it  would  have  pleased  me  better,  but,  as  we 
were  in  committee,  I  would  not  consider  myself  as  absolutely  bound 
by  anything  that  happened  now ;  but  would  reserve  myself  until 
the  second  reading  in  the  Senate. 

Mr.  Ellsworth  rose,  and  made  a  most  elaborate  harangue  on  the 
necessity  of  a  numerous  bench  of  judges.  He  enlarged  on  the  im- 
portance of  the  causes  that  would  come  before  them ;  of  the  dignity 
it  was  necessary  to  support ;  and  the  twelve  judges  of  England  in 
the  Exchequer  Chamber  were  held  up  to  view  during  the  whole 
harangue,  and  he  seemed  to  draw  conclusions  that  twelve  were  few 
enough. 

I  readily  admitted  that  the  information  respecting  the  English 
courts  was  fairly  stated.  But  in  England  the  whole  mass  of  litiga- 
tion in  the  kingdom  came  before  these  judges — the  whole  suits 
arising  from  eight  or  nine  millions  of  people.  Here  it  was  totally 
different.  The  mass  of  causes  would  remain  with  the  State  j  udges. 
Those  only  arising  from  Federal  laws  would  come  before  the  Federal 
judges,  and  there  would,  comparatively,  be  few,  indeed.  When  they 
become  numerous,  it  would  be  time  enough  to  increase  the  judges. 

Mr.  Grayson  rose  again  and  repeated  his  opinion,  that  numbers 
were  necessary  to  procure  respectable  decisions. 

I  replied  that,  in  my  opinion,  the  way  to  secure  respectable  de_ 
cisions  was  to  choose  eminent  Characters  for  judges — that  numbers 
rather  lessened  responsibility ;  and,  unless  they  were  all  eminent, 
tended  to  obsure  the  decisions.  The  clause,  however,  was  passed. 

Adjourned  at  the  usual  hour. 

June  24.  The  bill  for  the  judiciary  was  taken  up.  The  first  de- 
bate that  arose  was  whether  there  should  be  circuit  courts,  or  courts 
of  nisi  prius.  This  distinction  was  started  by  Mr.  Johnson,  from 
Connecticut.  Was  adopted,  and  spoke  long  to  by  Mr.  Butler.  This 
kept  us  most  of  the  day.  I  did  not  give  a  vote  either  way — indeed, 
I  do  not  like  the  bill.  The  vote  was  for  district  courts. 

We  proceeded  to  the  clause  about  Quakers  taking  an  affirmation. 
I  moved  an  amendment,  that  all  persons  conscientiously  scrupulous 
of  taking  an  oath,  should  take  the  affirmation. 

Great  opposition  to  this.  The  Quakers  abused  by  Izard — Mr. 
Morris  and  myself  defended  them.  I  read  the  constitution,  by 
which  the  affirmation  is  left  open  to  every  one,  and  called  this  whole 
clause  unconstitutional.  The  President  himself  may  qualify  by  af- 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATKS.        89 

firmation — the  constitution  does  not  narrow  the  ground  of  con- 
science. I  was  up  and  down  often  on  this  business.  A  little  after 
three,  the  House  adjourned. 

Had  a  very  long  walk,  this  afternoon,  with  Mr.  Contee  and  Mr. 
Seney,  of  Maryland.  They  seem  agreeable  and  accommodating 
men.  They  are  very  willing  to  remove  Congress  from  this  place. 
They  named  Harrisburg,  I  believe  to  try  me.  I  said  little  in  favor 
of  it ;  but  assured  them  that  of  two  hundred  acres,  which  I  had  ad- 
joining that  town,  they  should  have  one  if  they  went  there. 

June  25.  Attended  at  the  Hall.  First  business  was  to  take  up 
the  impost  bill.  Concurred  with  the  lower  House  about  the  style 
of  the  enacting  clause.  (See  note.) 

But  a  spirit  of  great  obstinacy  was  manifested  with  regard  to  the 
fourth  and  fifth  clauses.  Mr.  Morris,  most  pointedly,  against  dis- 
crimination, &c.,  between  nations  in  treaty,  and  others.  Lee  and 
Ellsworth  same. 

The  tonnage  bill  was  read.  The  same  difference  occurred.  Man- 
agers of  conference  chosen  on  both  bills.  Mr.  Morris,  Mr.  Lee,  Mr. 
Ellsworth. 

Read  the  bill  for  the  Department  of  Foreign  Affairs.  Laid  on 
the  table. 

And  now  took  up  the  judiciary,  and  the  affair  of  the  affirmations. 
Ran  Ellsworth  so  hard,  and  the  other  anti-affirmants,  on  the  anti- 
constitutionalism  of  the  clause,  that  they  at  last  consented  to  have 
a  question  taken,  whether  the  clause  should  not  be  expunged ;  and 
expunged  it  was.  Labored  in  the  judiciary  till  three,  and  adjourned. 

26th/  Attended  the  hall  at  the  usual  time.  The  managers  were 
met,  and  the  conference  begun.  The  Senate  formed,  but  the  man- 
agers were  absent  at  the  conference.  Some  were  for  proceeding, 
and  others  were  for  waiting.  The  members  strayed  to  and  from 
the  conference  chamber.  An  adjournment  was  often  spoken  of ;  at 
last  moved  and  carried. 

Well  may  it  be  said  that  men  are  but  children  of  a  larger  growth; 
for,  on  this  question  being  carried,  there  was  the  same  flutter  of 

NOTE.— From  the  proceedings  of  the  House,  on  the  impost  bill,  it  appears 
(see  I  Annals,  608-9)  that  Mr.  Thatcher  moved  to  agree  to  the  amendments  of 
the  Senate,  in  the  enacting  style,  with  an  amendment.  The  House  originally 
sent  the  bill  up  in  this  form  :  "  Be  it  enacted  by  the  Congress  of  the  United 
States."  The  Senate  proposed  an  amendment :  "  Be  it  enacted  by  the  Senate 
and  Representatives."  And  Mr.  Thatcher  wished  to  add  the  words  "House 
of"  before  "  Representatives  "  observing  that  the  word  Senate  spoke  of  the 
collective  body  of  the  Senators;  and  the  word  Representative  alluded  to  the 
individual  members  of  this  House  only,  and  did  not  comprehend  their  legis- 
lative function.  There  ought  to  be  an  equality  in  the  enacting  style.  There- 
fore the  words  "  House  of  "  were  necessary.  The  motion  was  agreed  to. 


90  SKETCHES  OF  DEBATES 

joy  among  the  members  that  I  have  seen  among  children  in  a 
school,  on  giving  leave  ;  and  away  all  hurried,  except  a  few  that  re- 
mained a  little  to  see  if  the  conference  would  finish.  Among  them, 
I  was  one  who  wished  to  know  the  result  of  the  conference. 

June  21.  The  Senate  met.  The  managers  of  the  conference  re- 
ported an  agreement  of  a  number  of  articles.  But  the  bill  was  not 
in  the  Senate.  It  seems  when  the  conference  was  agreed  to  by  the 
Senate,  and  notice  of  such  concurrence  sent  down  to  the  House  of 
Representatives,  our  wise  Secretary  sent  down  the  bills  along  with 
the  communication.  I  was  for  insisting  that,  in  parliamentary  lan- 
guage, the  bills  were  still  before  the  Senate;  they  had  been  there 
when  the  conference  was  appointed  ;  no  vote  of  the  Senate  had  been 
passed  to  send  them  down ;  the  conference  was  appointed  only  on 
the  disagreement.  There  was  a  great  deal  said,  the  amount  of 
which  resolved  itself  into  this,  that  a  mistake  had  been  committed. 
Mr.  Morris  said  if  the  bills  had  been  fairly  in  his  possession,  he 
would  have  brought  them  back  to  the  Senate.  He  actually  went  to 
try  to  get  them  from  the  managers  on  the  part  of  the  House  of 
Representatives.  There  seemed  to  be  a  jealousy  between  the  two 
Houses,  who  should  act  first,  as  the  one  which  acted  last  would  re- 
ject the  bill,  or,  at  least,  have  the  blame  of  rejection,  if  the  bill  was 
lost.  Gentlemen  could  not  reconcile  themselves  to  act  without  the 
bills,  (for  there  were  two  of  them,  one  on  impost  and  the  other  the 
tonnage  act.)  Some  moved  to  act  on  the  report  of  the  managers. 
After,  however,  much  desultory  conversation,  it  was  agreed  to  take 
up  the  bill  for  the  judiciary. 

We  were  proceeding  on  this,  when  a  message  was  announced. 
Sundry  communications  were  brought  by  the  clerk,  and  the  amend- 
ments of  the  Senate  were  all  adopted,  on  the  impost  bill,  save  on 
the  articles  of  porter  and  coal.  Such  was  the  haste  of  the  Presi- 
dent, that  he  put  one  question  on  both  these  articles  at  once,  and 
both  agreed  to.  But  the  tonnage  bill  was  retained,  and  the  prin- 
ciple of  discrimination  between  nations  in  treaty  and  those  not,  was 
still  adhered  to  by  the  House  of  Representatives,  on  this  bill. 

Made  some  further  progress  in  the  judiciary,  and  adjourned 
about  two  o'clock. 

Monday,  29.  Attended  at  the  Hall.  Now  for  the  judiciary. 
I  made  a  remark  where  Ellsworth  in  his  diction  had  varied  from 
the  Constitution.  This  bill  is  a  child  of  his,  and  he  defends  it 
with  the  care  of  a  parent,  even  with  wrath  and  anger.  He  kindled, 
as  he  always  does  when  it  was  meddled  with.  Lee,  however,  after 
some  time,  joined  me.  Although  the  President  showed  himself 
against  us,  we  carried  the  amendment. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.       91 

We  got  on  to  the  clause  where  a  defendant  was  required,  on  oath, 
to  disclose  his  or  her  knowledge  in  the  cause,  &c.  I  rose,  and  de- 
clared that  I  wished  not  to  take  up  the  time  of  the  committee,  as, 
perhaps,  few  would  think  with  me,  (this  I  said  in  allusion  to  what 
had  happened  in  the  committee  when  I  had  exerted  myself  in  vain 
against  this  clause ;)  but  that  I  would  not  pass,  in  silence,  a  clause 
which  carried  such  inquisitorial  powers  with  it,  and  which  was  so 
contrary  to  the  sentiments  of  my  constituents.  Extorting  evidence 
from  any  person  was  a  species  of  torture,  and  inconsistent  with  the 
spirit  of  freedom.  (My  reason  of  acting  thus  was  :  I  had  spoke  to 
Mr.  Morris,  and  found  he  would  not  second  me  in  it,  as  Myers 
Fisher  had  not  taken  notice  of  this  matter  in  his  letter.)  Patter- 
son, however,  of  the  Jerseys,  sprang  up.  Declared  he  disliked  the 
clause,  and,  having  spoke  a  while,  moved  to  strike  it  out.  I  then 
rose,  and  declared,  since  one  man  was  found  in  the  Senate  for  strik- 
ing it  out,  I  would  second  him. 

Up  now  rose  Ellsworth,  and,  in  a  most  elaborate  harangue,  sup- 
ported the  clause.  Now,  in  chancery — now,  in  common  law,  and 
now  common  law,  with  a  chancery  side.  He  brought  forward  Judge 
Blackstone,  and  read  much  out  of  him. 

Patterson  rose  in  reply,  and  followed  him  through  these  thorny 
paths,  as  I  thought,  with  good  success.  He  showed,  justly  enough, 
that  Blackstone  cut  both  ways,  and  nothing  could  be  inferred  from 
him,  but  his  ridiculing  the  diversity  of  practice  between  chancery 
practice  and  that  at  common  law. 

Ellsworth  heard  him,  with  apparent  composure.  He  rose,  with 
an  air  of  triumph,  on  Patterson's  sitting  down.  Now,  said  he,  every- 
thing is  said  that  can  possibly  be  said  to  support  this  motion.  The 
very  most  is  made  of  it  that  ingenuity  can  perform  ;  and  he  entered 
again  the  thorny  thicket  of  law  forms,  and  seemed  to  batter  down 
all  his  antagonist  had  said  by  referring  all  that  was  advanced  to  the 
forms  of  law,  with  which  everything  had  been  shackled  under  the 
British  Government.  He  really  displayed  ingenuity  in  his  defense. 
He  made  repeated  use  of  the  term  shackled,  and  how  we  were  now 
free,  and  he  hoped  we  would  continue  so. 

I  determined  to  have  a  word  or  two  at  the  subject.  Said  I  was 
happy  to  hear  that  the  world  was  unshackled  from  the  customs  of 
ancient  tyranny.  That  there  was  a  time  when  evidence,  in  criminal 
cases,  was  extorted  from  the  carcass  of  the  wretched  culprit  by  tor- 
ture. Happily,  we  were  unshackled  from  this  ;  but  here  was  an  at- 
tempt to  exercise  a  tyranny  of  the  same  kind  over  the  mind.  The 
conscience  was  to  be  put  on  the  rack.  That  forcing  oaths  or  evi- 
dence from  men,  I  considered  as  equally  tyrannical  as  extorting  evi- 


92  SKETCHES  or  DEBATES 

dence  by  torture ;  and,  of  consequence,  had  only  the  difference  be- 
tween excusable  lies  and  willful  perjury.  I  hoped  never  to  see 
shackles  of  this  kind  imposed.  Chancery  had  been  quoted — com- 
mon law  had  been  quoted,  as  practiced  in  England ;  but  neither 
would  apply  to  the  present  case.  The  party  was  to  answer  in  chan- 
cery ;  but  it  was  to  the  judge ;  and  his  questions  were  in  writing. 
But  here,  by  the  clause,  he  must  be  examined  in  open  court,  before 
the  bench  and  jury,  and  cross-examined  and  tortured  by  all  the  ad- 
dress and  malice  of  the  bar.  I  had  further  to  add,  that  by  the  bill 
of  rights  of  the  State  that  I  had  the  honor  to  represent,  no  person 
could  be  compelled  to  give  evidence  against  himself.  That  I  knew 
this  clause  would  give  offense  to  my  constituents. 

Ellsworth  rose,  and  admitted  that  three  new  points  had  been 
started.  He  aimed  a  reply  ;  but,  I  thought,  he  missed  the  mark  in 
every  one. 

The  rage  of  speaking  now  seemed  to  catch  the  House.  Basset 
was  up — Reed — Strong  ;  and  at  it,  we  sat  till  half  after  three ;  and 
an  adjournment  was  called  before  the  question  was  put. 

Ellsworth  moved  an  amendment,  that  the  plaintiff,  too,  should 
swear,  at  the  request  of  the  defendant,  just  before  the  House  ad- 
journed. 

June  30.  Attended  at  the  Hall  at  the  usual  time.  The  clause, 
with  Ellsworth's  amendment,  was  taken  up. 

I  rose  first.  Said  that  instead  of  the  clause  being  amended,  I 
thought  it  much  worse.  That  it  was  alleged  with  justice  against 
the  clause,  as  it  stood  before,  that  great  opportunities  and  tempta- 
tions to  perjury  were  held  out,  but  this  was  setting  the  door  fairly 
open.  The  contest  now  would  be  who  would  swear  most  home  to  the 
point.  If  I  was  against  it  before,  I  was  much  more  so  now. 

Mr.  Lee  rose,  and  seemed  to  mistake  the  matter.  I  rose,  and  en- 
deavored to  do  the  business  justice. 

Up  rose  Ellsworth,  and  threw  the  common  law  back  all  the  way 
to  the  wager  of  law,  which  he  asserted  was  still  in  force. 

Strong  rose,  and  took  the  other  side  in  a  long  harangue.  He  went 
back  to  the  ancient  trial  by  battle,  which,  he  said,  was  yet  unre- 
pealed  ;  but  said  repeatedly  there  was  no  such  case  as  the  present. 

Ellsworth's  temper  forsook  him.  He  contradicted  Strong  with 
rudeness.  Said  what  the  gentleman  asserted  was  not  fact.  That 
defendants  were  admitted  as  witnesses.  That  all  might  be  witnesses 
against  themselves.  Got  Blackstone  ;  but  nothing  could  be  inferred 
from  Blackstone  but  such  a  thing  by  consent. 

Patterson  got  up,  and  back  he  went  to  the  feudal  system.  He 
pointedly  denied  Ellsworth's  positions. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      93 

Bassett  rose.  Reed  rose,  and  we  had  to  listen  to  them  all.  The 
question  was,  however,  put  first  on  Ellsworth's  amendment,  and  was 
lost.  Next,  on  striking  out,  and  it  was  carried. 

The  tonnage  bill  was  taken  up.  We  concurred  in  one  clause,  but 
adhered  in  the  next. 

And  now  back  to  the  judiciary.  Mr.  Lee  moved  that  the  post- 
poned clause  about  the  ambassadors,  consuls,  &c.,  should  be  taken 
up.  It  was  so.  I  saw  Mr.  Adams  begin  to  fidget,  with  a  kind  of 
eagerness  or  restlessness.  He  could  not  restrain  himself  long  ;  and 
up  he  got  to  tell  us  all  about  ambassadors,  other  ministers,  and  con- 
suls ;  and  what  he  did  with  his  majesty  here,  and  his  majesty  there  ; 
and  how  he  got  an  answer  in  this  case,  and  how  he  never  got  an 
answer  in  that ;  and  how  he  had,  with  Mr.  Jefferson,  appointed  Mr. 
Barclay  to  the  Emperor  of  Morocco — and  how  the  Parliament  of 
Bourdeaux  mistook  the  matter,  and  dismissed  Mr.  Barclay  from  an 
arrest,  &c.,  &c.  I  could  not  help  admiring  the  happiness  of  the 
man.  When  he  had  occasion  to  refer  to  something  said  by  Ellsworth, 
he  called  him  the  right  honorable  gentleman. 

July  1 , 1789.  Attended  at  the  Hall  at  the  usual  time.  The  clause 
was  taken  up,  of  the  judiciary  bill,  "  that  suits  in  equity  shall  not 
be  sustained  in  either  of  the  courts  of  the  United  States,  in  any  case 
where  a  remedy  may  be  had  at  law. 

Dr.  Johnson  rose  first  against  the  clause.  Ellsworth  answered 
him,  and  the  following  gentlemen,  all  in  turn,  Lee,  Reed,  Bassett, 
Patterson,  and  Grayson.  Strong  spoke  in  favor  of  the  clause.  The 
lawyers  were  in  a  rage  for  speaking.  Many  things  were  said  in 
favor  of  chancery  that  I  knew  to  be  wrong.  Never  was  there  a  field 
more  beaten,  from  the  first  chancellor  down.  The  lawyers  seemed 
all  prepared  to  show  their  extensive  reading.  It  was  near  three, 
and  I  determined  to  say  something.  A  case  was  often  put,  of  a 
man,  covenanting  to  convey  land,  and  dying  before  performance  ; 
that  there  was  no  relief  without  chancery. 

I,  however,  rose,  said  much  information  had  been  given  on  this 
important  subject,  but  I  wished  for  a  great  deal  more.  For  in- 
stance :  I  desired  to  know  the  number  of  attorneys  and  persons 
employed  in  the  law  department  in  England,  and  the  millions  (for 
it  was  said  to  amount  to  several)  extorted  by  the  law  department 
from  that  nation ;  particularly,  whether  the  sum  so  extracted  did 
not  exceed  the  aggregate  of  the  sums  in  dispute  before  the  courts. 
Whether  any  nation  in  the  world,  besides  the  English,  would  pay 
their  taxes  and  support  such  an  expensive  judiciary.  That  these 
points  being  settled  would  afford  matter  of  important  advice  to  us, 
whether  it  was  prudent  to  imitate  the  famous  English  jurisprudence, 


94  SKETCHES  OF  DEBATES 

in  all  its  parts.  That  the  advantages  of  chancery  were,  to  my  cer- 
tain knowledge,  overstated.  That  the  famous  case  of  the  bond  of 
performance  gave  little  trouble  in  Pennsylvania.  That  the  person 
having  paid  his  bond,  brought  his  suit,  and  the  parties  generally 
consented  to  a  judgment  and  sale  of  the  lands,  and  the  sheriff 
made  title.  That  I  thought  the  clause  a  good  one,  and  wished  for 
it  to  be  more  effectual  to  prevent  the  flowing  of  causes  into  that 
tedious  court. 

Up  rose  George  Reed,  in  angry  mood.  Said  he  had  a  cause  of 
the  kind  in  Pennsylvania ;  that  he  had  consulted  the  ablest  men 
there,  and  received  for  answer  there  was  no  remedy  in  Pennsyl- 
vania ;  and  asserted  that  the  people  of  Pennsylvania  wished  for  a 
chancery,  and  many  of  them  lamented  the  want  of  it. 

I  got  up,  declared  as  far  as  I  knew  the  sentiments  of  the  people 
of  Pennsylvania  they  disliked  a  chancery,  but  that  many  of  them 
knew  not  even  the  name.  I  never  had  heard  any  people  speak  in 
favor  of  it,  but  some  gentlemen  of  the  bar  and  even  among  them 
some  doubted  whether  it  would  do  most  harm  or  good.  That  in 
general  it  was  considered,  by  those  who  knew  anything  of  the  mat- 
ter, as  the  field  where  the  gentlemen  of  the  bar  would  reap  the  full- 
est harvest,  and,  it  was  considered  that  they  enjoyed  a  plentiful 
crop  as  matters  now  stood.  I  stated  the  affair  of  the  bond  over 
again,  so  plainly  that  Reed  called  out,  "  in  case  of  consent,  I  grant 
it."  I  had  only  to  add,  in  case  they  do  not  consent,  twelve  honest 
jurors  are  good  chancellors,  if  not  to  give  the  land,  at  least  to  give 
the  value  of  it. 

The  clause  stood  on  the  question.  The  gentlemen  of  the  bar,  in 
the  House,  seemed  to  have  made  a  common  cause  of  it,  to  push  the 
power  of  Chancery  as  far  as  possible.  Mr.  Morris  seemed  almost 
disposed  to  join  them.  As  we  rose,  he  said,  if  I  had  spoke,  I  be- 
lieve I  should  have  differed  from  you  about  chancery. 

This  day  the  discrimination  between  the  ships  of  nations  in  treaty 
and  those  not,  on  the  tonnage  bill,  was  rejected  in  the  House  of  Rep- 
resentatives also,  and,  of  course,  the  tonnage  bill  now  passes.  When 
this  doctrine  was  first  treated  in  the  House  of  Representatives,  of 
no  discrimination,  it  was  called  toryism ;  and  there  were  but  eight 
votes  for  it  on  a  division.  But  mark  the  influence  of  the  city  of 
New  York ;  or,  let  me  call  it  British  influence.  To  work,  they  set 
in  the  Senate ;  and  before  the  impost  bill  got  up,  they  had  secured 
a  majority  to  reject  the  discrimination.  But  some  pretext  was  nec- 
essary, even  in  the  Senate.  The  discriminations  in  the  impost  and 
tonnage  bills  were  said  to  be  arrant  trifles — no  compensation  for  the 
injuries  our  trade  received.  That  a  deeper  mode  of  retaliation 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        95 

should  be  entered  on — such  as  would  effectually  cure  all  disadvan- 
tages, and  carry  the  remedy  to  every  particular  disease,  and  retali- 
ate on  every  nation,  exactly  in  kind  ;  and  where  a  disadvantage  was 
imposed,  a  corresponding  one  should  be  imposed  by  us,  and  not 
chastise  all  nations  out  of  treaty  with  the  same  punishment.  As 
to  gratitude  or  national  friendship,  they  were  held  not  to  exist ;  and 
all  that  was  to  be  done  with  nations  in  treaty,  was  to  observe  the 
terms  of  those  treaties.  A  committee,  therefore,  of  Mr.  Morris, 

Mr  Langdon,  and were  appointed  to  examine  the  state 

of  our  commerce,  and  to  bring  in  a  bill  for  the  protection  of  our 
commerce.  But  the  discriminations  are  now  struck  out  of  both 
bills,  and  I  do  not  expect  to  hear  anything  more  about  the  protect- 
ing of  our  commerce,  unless  it  should  be  taken  up  in  the  House  of 
Representatives. 

July  2.  Went  this  day  to  the  Hall,  at  the  usual  time.  The  bill 
for  the  judiciary  was  taken  up.  I  really  dislike  the  whole  of  this 
bill ;  but  I  endeavored  to  mend  it  in  several  places,  and  make  it  as 
perfect  as  possible,  if  it  is  to  be.  the  law  of  the  land.  But  it  was 
fabricated  by  a  knot  of  lawyers,  who  join  hue  and  cry  to  run  down 
any  person  who  will  venture  to  say  one  word  about  it.  This  I  have 
repeatedly  experienced,  and  when  I  am  certain  (for  a  man  may  some- 
times be  certain  of  being  right)  of  having  made  obvious  and  proper 
amendments,  I  have  been  pushed  at,  from  both  right  and  left,  by 
them,  and  not  a  man  to  second  me.  Be  it  so,  however,  this  is  no 
reason  that  I  should  be  silent.  I  run  Ellsworth  hard  on  the  useless- 
ness  of  part  of  this  bill  to-day ;  and  thought  I  had  the  advantage 
in  some  of  the  answers  I  gave.  But  it  was  of  little  avail.  Gray- 
son,  though  a  lawyer,  told  me  yesterday,  that  it  was  in  vain  to  at- 
tempt anything.  The  people,  who  were  not  lawyers,  on  a  supposition 
that  lawyers  knew  best,  but  follow  the  lawyers,  and  a  party,  were 
determined  to  push  it.  I  needed  no  information  from  him  011  this 
head. 

We,  however,  came  to  a  clause,  the  import  of  which  was,  that  on 
bonds,  articles  of  agreement,  covenants,  &c.,  the  jury  should  find  the 
breach,  and  the  judges  assess  the  damages.  I  attacked  this  mixed, 
half  common  law,  half  chancery  proceeding — accused  the  bill  of  in- 
consistency ;  that  a  clause  had  already  been  adopted,  which  extended 
chancery  where  common  law  would  afford  a  remedy.  Here  we  had 
a  jury  an(J  common  law  acting  with  the  cause,  and  we  flew  from  it 
to  chancery  powers.  This  was  inconsistency.  The  jury  were  the 
proper  chancellors,  in  such  a  case,  to  assess  the  damages ;  and  I 
liked  them  much  better  than  the  judges.  They  were  from  the  vi- 
cinity, and  best  acquainted  with  the  parties  and  their  circumstances 


96  SKETCHES  OF  DEBATES 

When  the  judgment  was  by  default  or  entered  up,  a  jury  of  inquiry 
of  damages  should  ascertain  the  sum. 

Strong  made  a  long  speech  how  this  could  not  be  done  on  the 
principles  of  common  law  and  chancery,  and  seemed  willing  to  show 
his  accurate  reading  on  these  points;  and  concluded  by  saying 
either  he  or  the  gentleman  last  up  did  not  understand  the  principles 
of  these  courts,  for  the  gentleman  was  for  doing  what  he  thought 
could  not  be  done. 

I  rose  quick  to  reply.  Said  the  clause  was  before  us — the  clause 
was  in  our  power — what  I  wanted  done  was  clearly  expressed.  I 
hoped  we  were  not  always  to  be  trammeled  with  the  fetters  of 
English  jurisprudence.  That  we  would  show  we  had  judgment, 
and  would  act  for  ourselves,  independent  of  any  forms,  and  con- 
cluded with  a  question  whether  we  were  always  to  be  considered  as 
empty  bottles,  that  could  contain  nothing  but  what  was  poured  into 
them. 

Several  gentlemen  now  rose,  and  agreed  with  me  in  objecting  to 
the  clause.  But  there  seemed  some  difficulty  in  amending,  and  it 
was  postponed  for  amendment. 

Attended  at  the  Hall.  Business  went  on  at  the  usual  time.  It 
was  the  judiciary  which  we  were  upon.  Light  and  very  trifling 
debates  in  general.  Mr.  Reed  got  up,  and  kept  hammering  for  a 
long  time,  (as  Mr.  Morris  termed  it,)  and  really  it  was  difficult  to 
say  what  he  would  be  at.  I  did  not  embark  in  any  debate  until  we 
came  to  the  clause  empowering  the  judges,  either  on  their  own 
knowledge,  or  complaint  of  others,  to  apprehend,  bail,  commit,  &c. 

I  alleged  that  the  judges  would  be  of  like  passions  and  resent- 
ments as  other  men.  That  they  should  not  be  both  witnesses  and 
judges  ;  accusers  and  all.  That  the  complaint,  also,  should  be  on 
oath.  I  moved,  therefore,  to  strike  out  those  words, and  insert: 
Upon  oath  or  affirmation  made  and  reduced  to  writing,  and  signed 
by  the  party,  stating  sufficient  reason  in  law. 

Lee,  of  Virginia,  seconded  me  this  time.  But,  according  to  cus- 
tom, I  had  Ellsworth  and  the  gentlemen  of  the  bar  up  against  it. 

It  was  insisted  that  this  was  agreeable  to  the  laws  of  England that 

the  oath  of  the  judge  would  bind  him  to  all  this— that  a  judge  had 
a  right  to  use  his  private  judgment,  just  as  a  jurj^man  had  a  right 
to  act  on  his  private  knowledge.  Ellsworth,  Strong,  Bassett,  Gray- 
son,  and  others,  all  up ;  and  volumes  did  they  pour  out.  I  could 
not  get  speaking  for  a  long  time.  I,  however,  made  a  short  reply. 

Said  we  were  now  framing  the  law  which  would  be  the  rule  of 
conduct  for  the  judges.  That  practice,  such  as  the  gentlemen  in- 
sisted on,  had  been  used  by  judges  ;  and,  from  experience,  we  had 


IN  THE  FIKST  SENATE  OF  THE  UNITED  STATKS.        97 

learned  the  danger  of  it.  Cases  were  known  where  the  resentment 
of  a  judge  was  the  accusing  spirit,  and  prejudice  pronounced  judg- 
ment. Every  part  of  English  jurisprudence  was  not  unexception- 
able, nor  would  I  blindly  follow  them  in  everything.  That  the  case 
adduced,  of  a  juryman  using  private  knowledge,  would  not  apply. 
A  juryman,  legally  speaking,  had  no  private  knowledge;  or,  at  least, 
none  that  he  ought  to  keep  private.  If  he  knew  an3'thing  pertinent 
to  the  issue,  he  ought  to  disclose  it,  upon  oath,  to  his  fellows  in 
court ;  and  this  was  the  law,  in  daily  practice,  upon  it.  If  a  judge 
happened  to  be  the  only  person  having  knowledge  of  the  commis- 
sion of  a  crime,  let  him  apply  to  some  other  justice.  This  I  had 
known  done.  The  case  of  a  forcible  entry  did  not  apply  to  com- 
mon practice,  and  yet,  in  this  case,  the  justices  would,  generally, 
bind  over  witnesses  to  prosecute. 

I  hinted  at  some  other  points  of  the  clause  as  imperfect,  and  said 
much  more  before  I  sat  down ;  particularly  as  to  the  dangerous 
ground  on  which  we  trod ;  considering  the  interference,  or  the 
very  possible  interference,  of  the  Federal  and  State  Legislatures ;  and 
the  giving  more  power  over  the  liberty  of  the  citizen  to  the  former, 
than  was  usually  practiced  by  the  latter,  would  not  fail  to  sow  the 
seeds  of  dissention. 

July  4.  This,  the  anniversary  of  American  independence.  The 
day  was  celebrated  with  much  pomp.  The  Cincinnati  assembled 
at  St  Paul's  church,  where  an  oration  was  pronounced  by  Col.  Ham- 
ilton, in  honor  of  General  Green.  The  church  was  crowded.  The 
Cincinnati  had  seats  allotted  for  themselves — wore  their  eagles  at 
their  button-holes — and  were  preceded  by  a  flag.  The  oration  was 
well  delivered — the  composition  appeared  good,  but  I  thought  he 
should  have  given  us  some  account  of  his  virtues  as  a  citizen,  as 
well  as  a  warrior,  for  I  suppose  he  possessed  them,  and  he  lived 
some  time  after  the  war,  and,  I  believe,  commenced  farmer. 

July  6.  The  judiciary  was  taken  up,  and  the  residue  of  it  passed, 
without  any  interesting  debate.  Our  President  called  for  the  sense 
of  the  House,  when  it  should  be  read  a  third  time.  The  members 
showed  plainly  that  they  considered  it  as  not  having  been  touched 
in  Senate,  on  second  reading — all  that  had  passed  having  only  been 
in  committee.  The  President  insisted  that  the  bill  had  been  twice 
read.  So  it  certainly  had — but  the  second  reading  was  in  a  com- 
mittee of  the  whole  Senate.  He  said  former  bills  had  been  treated 
just  as  he  wanted  this  one  treated.  We  knew,  or  at  least  I  knew, 
that  this  was  not  the  case.  He  showed  a  peevish  obstinacy,  as  I 
thought.  He  does  not  like  the  doctrine  of  a  committee  of  the  Sen- 
ate ;  nor  has  he  ever  submitted  to  it,  for  he  ought  to  leave  the  chair. 
7 


98  SKETCHES  OF  DEBATES 

To-morrow,  however,  was  assigned  for  the  third  reading,  with  a  kind 
of  saving  privilege  to  make  amendments. 

Mr.  Morris  came  in  a  little  before  we  broke  up.  He  put  into  my 
hands  the  letter  and  remarks  of  our  chief  justice,  on  the  judiciary, 
directed  to  us  jointly.  But  the  Attorney  General's  remarks,  and 
Judge  Hopkinson's,  I  have  not  yet  had  the  opportunity  of  perusing. 

Thursday  assigned  for  the  bill  for  foreign  affairs  ;  Friday,  for  the 
Department  of  War ;  and  Monday  next,  for  the  Treasury  Depart- 
ment. 

July  f .  Attended  the  Hall  at  the  usual  time.  The  judiciary  was 
taken  up  for  a  third  reading.  I  can  scarce  account  for  my  dislike 
to  this  bill ;  but  I  really  fear  it  will  be  the  gun-powder  plot  of  the 
constitution.  So  confused  and  so  obscure,  it  will  not  fail  to  give  a 
general  alarm.  Ellsworth  has  led  in  this  business,  backed  with 
Strong,  Patterson,  Reed  often,  Bassett  seldom. 

We  came  to  the  clause  which  allowed  the  district  judges  to  sit  on 
the  hearing  of  appeals  from  themselves.  I  did  not  rise  to  oppose 
this.  Gray  son,  however,  got  hold  of  it,  and  hammered  hard  at  it. 
Bassett  rose  and  took,  partly,  the  same  side.  Now  I  thought  the 
matter  in  a  hopeful  way.  Ellsworth  immediately  drew  an  amend- 
ment, as  he  said,  to  cure  their  objections,  though  it  was  nothing  like 
the  matter.  I  drew  a  clause  nearly  in  these  words  :  Provided  that 
no  district  judge  shall  sit  on  the  re-hearing  of  any  cause  formerly 
adjudged  by  him.  We  got  Ellsworth's  motion  postponed,  to  put  a 
question  on  it.  It  was  agreed  that  the  sense  of  the  House  should 
be  taken  on  this.  We  carried  it,  and  I  rose  and  said,  since  the  sense 
of  the  House  was  declared  on  this  subject,  I  wished  some  of  the  gen- 
tlemen of  the  bar  to  frame  a  clause  in  the  spirit  of  the  determina- 
tion  that  the  effect  of  the  determination  would  reach  further  than 

tne  present  clause,  for  it  would  prevent  the  circuit  judge  from  sit- 
ting, in  the  Supreme  Court,  on  an  appeal  where  he  had  given  origi- 
nal judgment.  This  was  agreed  to,  and  so  we  killed  two  birds  with 
one  stone. 

The  most  trifling  word  catching,  employed  us  till  after  three 
o'clock. 

July  8.  Attended,  as  usual,  this  day  at  the  Hall.  The  judiciary 
was  taken  up.  Ellsworth  by  far  more  accommodating,  this  day, 
than  I  ever  knew  him.  We  sat  the  usual  time,  but  the  debates  were 
very  trifling,  indeed,  and  not  one  worth  committing  to  paper.  The 
chief  justice  of  Pennsylvania,  Mr.  Wilson,  Myers  Fisher,  the 
Speaker,  Mr.  Peters,  Tench  Coxe,  and  sundry  others,  have,  in  their 
letters,  approved  of  the  general  outlines  of  the  bill.  Any  amend- 
. — Tliis  was  afterwards  altered. 


Ix  THE  FIRST  SENATE  OF  THE  UNITED  STATES.        99 

s  which  they  have  offered  have  been  of  a  lesser  nature.  I  own 
the  approbation  of  so  many  men  of  character  for  abilities  has  less- 
ened my  dislike  of  it,  yet  I  cannot  think  of  the  expense  attending 
it,  winch  I  now  consider  as  useless,  without  a  kind  of  sickly  qualm 
overshadowing  me.  Bradford's  and  Judge  Hopkinson's  remarks  I 
have  not  yet  seen,  nor  need  I  now  care  about  them,  as  we  will  prob- 
;t!>ly  finish  it  to-morrow. 

July  9.  A  great  part  of  this  day  was  taken  up  with  light  debates, 
chiefly  conducted  by  the  lawyers,  on  both  sides,  and  the  object 
seemed  to  be  the  increasing  the  powers  of  chancery.  Ellsworth 
has  credit  with  me.  I  know  not,  however,  whether  it  be  the  effect 
of  judgment,  whim,  or  caprice,  but  he  is,  generally,  for  limiting  the 
chancery  powers.  Mr.  Morris  and  myself  differed  in  every  vote 
this  dav.  We  always  have  differed  on  the  subject  of  chancery. 

This  day  I  got  copies  of  the  three  bills  for  the  great  Departments. 
Besides  being  calculated  on  a  scale  of  great  expense,  two  grand 
objections  offer  themselves  on  these  bills  :  the  lessening  of  the  power 
of  the  Senate,  taking  away  from  them  any  vote  in  the  removal  of 
officers,  and  the  power  of  advising  and  consenting  in  one  case  of 
the  first  consequence ;  and  the  other,  the  placing  the  President 
above  business  and  beyond  the  power  of  responsibility,  putting 
into  the  hands  of  his  officers  the  duties  required  of  him  by  the 
Constitution.  Indeed,  these  appear  to  me  to  have  been  the  moving 
reasons  for  bringing  forward  the  bill  at  all.  Nor  do  I  see  the  ne- 
cessity of  having  made  this  business  a  subject  of  legislation.  The 
point  of  view  in  which  it  presented  itself  to  me  was,  that  the  Presi- 
dent should  signify  to  the  Senate  his  desire  of  appointing  a  minis- 
ter of  foreign  affairs,  and  nominate  the  man.  And  so,  of  the  other 
necessary  departments.  If  the  Senate  agreed  to  the  necessity  of 
the  office,  and  the  man,  they  would  concur ,  if  not,  they  would 
negative,  &c.  The  House  would  get  the  business  before  them  when 
salaries  came  to  be  appointed,  and  could  thus  give  their  opinion  by 
providing  for  the  officer  or  not.  I  see  this  mode  might  be  abused. 
But  for  the  House  of  Representatives,  by  a  side  wind,  to  exalt  the 
President  above  the  Constitution  and  depress  the  Senate  below  it, 

is but  I  will  leave  it  without  a  name.  They  know  the  veneration 

entertained  for  General  Washington,  and  believe  the  people  will  be 
ready  to  join  in  the  cry  against  the  Senate,  in  his  favor,  when  they 
endeavor  to  make  him  a  part}r.  They  think  they  have  fast  hold  of 
us,  and  that  we  dare  not  refuse  our  assent  to  these  bills,  and  so 
several  of  them  have  not  failed  to  declare. 

July  10,  1789.  This  day  the  lawyers  showed  plainly  the  cloven 
foot  of  their  intention  in  the  House.  Reed,  Bassett,  Patterson. 


100  SKETCHES  OF  DEBATES 

Johnson,  Grayson,  and  others  had  got  a  hasty  kind  of  amendment 
passed  late  yesterday.  The  amount  of  it  was,  that  in  the  circuit 
courts,  under  the  name  of  equity,  they  should  have  all  the  deposi- 
tions copied  and  sent  up,  on  an  appeal,  to  the  Supreme  Court  as  evi- 
dence, on  the  rehearing  of  facts,  or  words  to  that  import.  I  had 
some  conversation  with  Ellsworth,  in  the  morning,  about  it,  and  of- 
fered to  him  to  move  for  a  reconsideration  of  the  matter.  He  wished 
to  reserve  this  business  for  himself,  however.  He,  accordingly, 
moved  the  reconsideration,  in  a  lengthy  speech,  and  was  seconded 
by  Strong.  At  it  they  now  went ;  and  until  after  three,  scarce  a 
word  could  be  got  in  edgewise,  for  the  lawyers.  Butler,  though 
lame,  bounced  up  twice.  I  wished  to  speak,  but  could  not  get  leave. 
The  President  got  up  in  the  chair.  I  rose,  and  told  him  I  wished 
to  say  a  word  or  two.  Sir,  I  am  no  professed  admirer  of  the  ju- 
dicial system  before  you,  but  the  best  part  of  it  is  the  circuit  courts. 
These,  sir,  the  amendments  of  yesterday,  will  render  abortive.  The 
seeds  of  appeal  and  the  materials,  too,  pro  vide  for  every  cause.  The 
system  of  delay  is  so  firmly  established,  and  the  certainty  of  pro- 
crastination such,  that  justice  never  can  be  obtained  in  it.  Let  us 
follow  the  scheme  a  moment :  The  depositions  are  taken,  and  carried 
up  six  or  seven  hundred  miles,  to  a  Federal  court.  But,  by  the 
law,  they  cannot  be  used,  if  the  part}'  is  able  to  attend.  The  wit- 
ness is  subpoenaed,  but  does  not  attend.  An  attachment  issues,  but 
the  party  will  kill  the  messenger,  run  to  the  woods,  fly  to  the  In- 
dians, rather  than  attend.  Well,  but  the  court  can  issue  a  dedimus 
potestatem,  and  commissioners  may  be  appointed  ;  and  in  three  or 
four  years  the  testimony  may  be  collected.  Well,  and  what  now  ? 
Is  the  fact  to  be  tried  by  chancery  powers  ?  I  am  bold  to  say  that 
no  issue  of  fact  ever  was  tried  or  found,  for  or  against,  in  chancery. 
Facts  often  were  carried  into  chancery,  as  evidence  ;  but,  if  they 
were  doubted  of,  issue  Vas  joined  on  them,  and  directed  to  be  tried 
by  a  jury.  But  now  the  business  unfolds  itself.  Now  we  see  what 
gentlemen  would  be  at.  It  is  to  try  facts  on  civil  law  principles, 
without  the  aid  of  a  jury ;  and  this,  I  promise  you,  never  will  be 
submitted  to. 

The  question  was  put,  and  we  carried  it. 

But  the  House  seemed  rather  to  break  up  in  a  storm.  Here  a 
leaf  from  the  journal  has  been  destroyed,  which  was  under  the  date 
of  Saturday,  July  11.  The  next  entry  in  the  journal  is  under  date 
July  11,  1789,  as  follows  :  Should  go  to  the  nearest  stack  of  wheat, 
rye-straw,  hay,  or  such  like  material,  and  draw  out  two  stems;  one 
in  the  name  of  each  party,  and  the  longest  should  win  the  cause. 
He  showed  it  to  me.  I  gave  him  a  hearty  laugh  of  approbation. 


IN  TIIK  FIRST  SENATE  OF  THE  UNITED  STATES.       101 

Not,  indeed,  that  I  admired  either  the  wit  or  novelty  of  it;  but  I 
considered  it  as  the  index  of  a  sure  vote.  But  I  was  mistaken.  He 
voted  against  us,  and  the  clause  was  lost. 

I  could  see  an  air  of  triumph  in  the  visages  of  gentlemen  of  the 
bar,  Ellsworth  excepted,  who  has  really  credit  with  me  on  the  whole 
of  this  business.  The  part  he  has  acted  in  it,  I  consider  as  candid 
(bating  his  caballing  with  Johnson)  and  disinterested.  Mr.  Lee,  of 
Virginia,  was  for  the  clause,  and  spoke  well. 

As  we  came  down  the  stairs,  Doctor  Johnson  was  by  my  side. 
Doctor,  (said  I,)  I  wish  you  would  leave  off  using  these  side  winds, 
and  boldly,  at  once,  bring  in  a  clause  for  deciding  all  causes  on  civil 
law  principles  without  the  aid  of  a  jury.  No,  no,  said  he,  the  civil 
law  is  a  name  I  am  not  very  fond  of.  I  replied  :  You  need  not  care 
about  the  name,  since  you  have  got  the  thing. 

The  12th  was  Sunday.  I  was  ill  last  night.  My  swelled  knee 
gave  me  great  pain, .and  prevented  my  rest.  Put  on  flannel,  and 
stayed  at  home  all  day.  Had  no  book  but  Buchan's  Family  Physi- 
cian. Read  a  good  deal  in  it.  What  a  lazar  house  the  world  is. 
Surely  the  pleasures  of  life  are  as  chaff  in  the  balance  against  pon- 
derous lead,  compared  with  the  ills  and  dolors  of  the  human  race. 
Infinite  wisdom  surely  shows  us  but  a  small  part  of  His  works. 
There  must  be  a  balance  somewhere.  Or  shall  we  view  it  in  another 
light  ?  That  the  only  good  we  enjoy  is  the  effect  of  prudence. 
Alas,  she  does  not  always  command  it.  It  is  in  vain,  however,  to 
attempt  to  rend  the  impenetrable  veil  that  conceals  the  mysterious 
ways  of  Providence. 

July  13.  I  forgot  to  minute  yesterday  that  late  in  the  afternoon 
Charles  Thomson  visited  me.  We  had  much  chat  of  the  political 
kind.  He  showed  a  great  disposition  to  go  into  the  field  of  the 
President's  power.  He  was  clearly  of  opinion  that  the  President 
ought  to  remove  all  officers,  &c.  Indeed,  he  said  so  much  on  this 
subject  that  I  had  like  to  have  entertained  a  suspicion  that  he  came 
on  purpose  to  sound,  or  rather  prepare,  me  on  the  subject.  I  agreed 
to  sundry  of  his  observations,  at  the  same  time  dissented,  in  plain 
but  not  pointed  terms,  from  some  other  things.  Perhaps,  this  is 
the  best  way  on  the  whole  for  an  independent  man  to  act.  Honesty 
on  the  whole  is  the  best  policy.  I  really  feel  for  Mr.  Thomson's 
situation.  A  man  who  has  been  the  graphic  of  the  old  Con- 

gress ;  the  hand  and  pen  of  that  body  from  their  first  organization  ; 
and  who,  I  feel  a  kind  of  certainty  of  the  fact,  wished  to  die  in  an 
eminent  office,  would  not  suffer  his  friends  to  continue  him  Secretary 
of  the  Senate  ;  and  his  enemies  have  taken  advantage  of  it,  and  de- 


102  SKETCHES  AND  DEBATES. 

clared  him  out  of  office,  and  mean  to  keep  him  so.  It  was  certainly 
bad  policy  of  him  to  refuse  the  offer  of  his  friends.  The  political 
door  is  harder  to  be  opened  than  any  other,  if  once  it  is  thrown  in 
a  man's  face. 

The  Senate  met,  and  Mr.  Bassett's  motion,  with  respect  to  the 
effect  of  a  writ  of  error  as  a  supersedeas  to  an  execution,  was  taken 
up.  Mr.  Reed  spoke  long  in  support  of  the  motion.  Mr.  Ellsworth 
equally  long  against  it.  I  rose,  and  made  sundry  remarks ;  and 
the  amendment  was  carried.  It  was  not  a  material  one,  however, 
in  the  bill. 

While  the  minutes  were  reading,  I  stepped  to  Ellsworth,  and 
asked  if  he  would  not  join  me  in  an  attempt  to  regain  the  clause  we 
had  lost  on  Saturday.  He  paused  a  little,  and  said  he  would. 

Mr.  Ellsworth  rose,  and  spoke  long  on  the  subject  of  a  discrim- 
ination or  some  boundary  line  between  the  courts  of  chancery  and 
common  law.  He  concluded  with  a  motion  nearly  in  the  words  of 
the  clause  we  had  lost.  Mr.  Lee  and  myself  both  rose  to  second 
the  motion.  Mr.  Lee,  however,  sat  down,  and  left  me  up.  I,  there- 
fore, determined  to  avail  myself  of  my  situation,  and  say  something. 
Declared  my  concurrence  of  sentiment  for  limiting  chancery  strictly. 
As  the  bill  stood,  chancery  was  open  to  receive  everything.  In 
England,  where  by  the  letter  of  the  law,  no  suit  could  be  brought 
in  chancery  if  the  common  law  afforded  a  remedy,  yet  such  was  the 
nature  of  that  court,  and  so  advantageous  had  it  been  found  to  the 
practitioners,  that  it  had  encroached  greatly  on  the  common  law. 
Gentlemen  would  not  consider  this  as  an  inconvenience.  So  high 
were  their  ideas  of  English  jurisprudence, .they  said  all  the  world 
admired  it,  and  every  member  of  this  House  must  admire  it.  (This 
was  Doctor  Johnson's  language  on  Saturday.)  I  was  ready  to  ad- 
mire it  too,  but  I  would  first  endeaver  to  describe  it. 

English  Jurisprudence  and  Chancery. 

It  (English  jurisprudence)  consisted  of  a  great  number  of  grades 
of  courts,  rising  in  succession  over  each  other,  common  pleas, 
King's  bench,  exchequer,  chancery,  &c.,  so  admirably  organized 
and  connected  that  the  one  was  generally  ready  to  begin  where  the 
other  ended ;  and  so  formed,  that  as  long  as  a  client  had  money 
he  might  purchase  delay,  or  in  other  words  get  law  for  it.  That 
in  England,  at  this  time,  it  was  rather  a  trial  of  the  depth  of  purse 
than  of  right,  and,  accordingly,  nothing  was  more  common  than  for 
a  man  who  was  going  to  law  to  culculate  and  compare  his  pecuniary 
resources  with  his  adversary.  The  cost,  however,  being  fairly 
counted,  and  neither  party  afraid,  at  it  the  angry  men  go.  As  they 


Ix  TIM-:  FIRST  SENATE  OF  THE  UNITED  STATES.       103 

are  eager,  and  bleed  freely,  they  mount,  perhaps,  with  tolerable 
rapidity,  until  they  arrive  at  the  regions  of  chancery.  But  here 
their  bills  are  filed  and  all  their  facts  collected,  and  in  some  half 
dozen  of  years,  it  may  be,  a  judgment  is  given.  But  mark :  the 
first  judgment  is  seldom  or  ever  final.  Here,  then,  a  new  number 
of  facts  must  be  adjusted,  and  some  ten  or  twenty  issues,  in  feigned 
wagers,  must  be  tried  in  King's  bench.  In  some  three  or  four 
years,  a  new  cargo  of  facts  are  furnished.  The  examiner  goes  to 
work,  and  he  spends  some  two  or  three  years.  The  chancellor,  too, 
perhaps,  must  have  the  opinion  of  the  judges  of  King's  bench. 
Here  is  a  new  trial.  But  at  last  he  gives  a  judgment.  But  two  of 
the  counsel  sign  a  petition  for  re-hearing,  and  the  whole  business 
must  be  gone  over  again. 

But,  is  the  business  done?  No  such  thing.  Another  petition 
comes  in  for  a  review,  and  the  whole  business  must  be  gone  over  a 
third  time. 

Here  I  was  interrupted  by  the  President,  who  said  there  was  an 
instance  of  a  cause  being  finished,  by  the  present  chancellor,  in  his 
life  time.  I  answered  quick  :  one  swallow  does  not  make  a  summer, 
Mr.  President ;  and  went  on.  But  are  they  done  yet.  No  such 
thing.  .  The  House  of  Lords  is  before  them ;  and  by  the  time  they 
get  out  of  the  far  end  of  it,  one,  if  not  both,  are  completely  ruined. 
This  is  the  progress  of  your  wealthy  parties,  where  plum  is  matched 
to  plum. 

But  what  of  your  unequal  matches — your  poor  and  rich  parties. 
AVIiy,  sir,  if  the  relative  wealth  of  one  is  to  that  of  the  other  as 
four  to  one,  the  poor  man  will  get  about  one  fourth  part  of  the  way  ; 
if  as  two  to  one,  half  way  ;  if  as  three  to  four,  three  fourths  of  the 
way,  before  the  exhausted  party  drops  off  into  ruin.  (Here,  by  way 
of  illustration,  I  repeated  the  Annesley  cause.)  For,  never  was  so 
admirable  a  machine  contrived  by  the  art  of  man,  to  use  men's  pas- 
sions for  the  picking  of  their  pockets,  and  to  bring  their  justice  into 
trade.  The  present  bill  has  been  considered  as  enjoying  perfection, 
in  proportion,  as  it  approaches  the  British  system.  Sir,  I  have 
given  you  the  opinion  which,  I  know,  many  sensible  Americans  en- 
tertain of  the  system  of  English  jurisprudence.  With  such  people, 
English  features  will  be  no  recommendation  of  the  bill.  Sir,  I  can- 
not boast  a  general  knowledge  of  the  sentiments  of  men  in  the 
Tn ion.  From  what  I  know  of  my  own  State,  I  am  confident  a  great 
majority  abhor  a  chancery.  Those  who  I  have  generally  heard  ad- 
vocate the  chancery,  were  professional  men.  I  really  believed  this 
was  the  case,  generally,  over  the  Union.  I  know  many  people  com- 
plained of  chancery  in  the  Jersey.  One  hundred  and  twenty-six 


104  SKETCHES  OF  DEBATES. 

pounds  had  been  paid  lately  for  taking  the  testimony  only  in  a  chan- 
cery suit  in  that  State.  Suits  had  been  pending  thirty  years  in 
their  chancery,  and  had  cost  thousands.  I  was  clearly  of  opinion 
that  everything  after  the  verdict  of  a  jury  was  a  mere  trap  to  catch 
fees,  and  might  be  styled  the  toils  of  law,  added  to  perplex  the 
truth.  The  bill,  however,  before  you,  sir?  as  it  now  stands,  is  not 
chancery.  It  is  something  much  worse.  The  line  between  chancery 
and  common  law  is  broken  down.  All  actions  may  now  be  tried  in 
the  Federal  courts  by  the  judges,  without  the  interruption  of  a 
jury.  The  trial  by  jury  is  considered  the  birthright  of  every  Amer- 
ican. It  is  a  privilege  they  are  fond  of;  and,  let  me  add,  it  is  a 
privilege  they  will  not  part  with.  (See  note  below.) 

This  day  the  committee  for  considering  our  commercial  injuries 
reported.  I  do  not  like  it.  The  end  is  answered,  perhaps,  for 
which  the  stir  was  made  when  this  committee  was  appointed  ;  and 
now  the  business  ends  in  a  bubble.  I  will,  however,  get  a  copy  of 
the  report  before  I  pronounce  on  it. 

Bill  for  the  Department  of  Foreign  Affairs, 

July  14.  The  Senate  met,  and  one  of  the  bills  for  organizing  one 
of  the  public  departments,  that  of  foreign  affairs,  was  taken  up. 

After  being  read,  I  begged  leave  of  the  Chair  to  submit  some 
general  observations,  which, though  apparently  diffuse,!  considered 
as  pertinent  to  the  bill  before  us.  The  first  clause  was  there  shall 
be  an  Executive  Department,  &c.  There  are  a  number  of  such  bills, 
and  may  be  many  more,  tending  to  direct  the  most  minute  particle 
of  the  President's  conduct.  If  he  is  to  be  directed  how  he  shall  do 
everything,  it  follows  he  must  do  nothing  without  direction.  To 
what  purpose  then  is  the  executive  power  lodged  in  the  President, 
if  he  can  do  nothing  without  a  law  directing  the  mode,  manner,  and, 
of  course,  the  thing  to  be  done  ?  May  not  the  two  Houses  of  Con- 
gress, on  this  principle,  pass  a  law  depriving  him  of  all  powers  ? 
You  may  say  it  will  not  get  his  approbation.  But  two  thirds  of 

NOTE. — In  the  preface  to  Dicken's  Bleak  House,  it  is  stated. :  At  the  present 
moment,  August,  1853,  there  is  a  suit  before  the  court,  (meaning  of  chancery,) 
which  was  commenced  nearly  twenty  years  ago ;  in  which  from  thirty  to  forty 
counsel  have  been  known  to  appear  at  one  time ;  in  which  costs  have  been  in- 
curred to  the  amount  of  seventy  thousand  pounds;  which  is  a  friendly  suit; 
and  which  is  (I  am  assured)  no  nearer  to  its  termination  now  than  when  it 
was  begun.  There  is  another  well-known  suit  in  chancery,  not  yet  decided, 
which  was  commenced  before  the  close  of  the  last  century,  and  in  which  more 
than  double  the  amount  of  seventy  thousand  pounds  has  been  swallowed  up 
in  costs.  If  I  wanted  other  authorities  for  Jarndyce  and  Jarndyce,  I  could 
rain  them  on  these  pages. 


IN  THE  FIRST  S I:\.\TI:  <»F  THK  UNITED  STATES.      105 

both  Houses  will  make  it  a  law  without  him,  and  the  Constitution 
is  undone  at  once. 

Gentlemen  may  say  how  is  the  Government  then  to  proceed  on 
these  points.  The  simplest  in  the  world.  The  President  communi- 
cates to  the  Senate  that  he  finds  such  and  such  officers  necessary  in 
the  execution  of  the  Government,  and  nominates  the  man.  If  the 
Senate  approve,  they  will  concur  in  the  measure ;  if  not,  refuse 
their  consent,  &c.,  when  the  appointments  are  made.  The  President, 
in  like  manner,  communicates  to  the  House  of  Representatives  that 
such  appointments  have  taken  place,  and  require  adequate  salaries. 
Then  the  House  of  Representatives  might  show  their  concurrence 
or  disapprobation  by  providing  for  the  officer  or  not.  I  thought 
it  my  duty  to  mention  these  things,  though  I  had  not  the  vanity  to 
think  I  would  make  any  proselytes  in  this  stage  of  the  business  ; 
and,  perhaps,  the  best  apology  I  could  make  was  not  to  detain  them 
long. 

I,  likewise,  said  that  if  the  Senate  were  generally  of  my  mind,  a 
conference  between  the  Houses  should  take  place.  But  the  sense 
of  the  House  would  appear  011  taking  the  question  upon  the  first 
clause.  The  first  clause  was  carried. 

Xow  came  the  second  clause.  It  was  for  the  appointment  of  a 
chief  clerk  by  the  Secretary,  who,  in  fact,  was  to  be  principal,  when- 
ever said  principal  officer  shall  be  removed  from  office  by  the 
President  of  the  United  States.  There  was  a  blank  pause  at  the 
end  of  it.  I  was  not  in  haste,  but  rose  first. 

Mr.  President,  whoever  attends  strictly  to  the  constitution  of  the 
United  States,  will  readity  observe  that  the  part  assigned  to  the 
Senate  was  an  important  one ;  no  less  than  that  of  being  the  great 
check,  the  regulator  and  corrector,  or,  if  I  may  so  speak,  the  bal- 
ance of  this  Government.  In  their  legislative  capacity,  they  not 
only  have  the  concoction  of  all  bills,  orders,  votes,  or  resolutions, 
but  may  originate  an}*  of  them,  save  money  bills.  In  the  executive 
branch,  they  have,  likewise,  power  to  check  and  regulate  the  pro- 
ceedings of  the  President.  Thus — treaties,  the  highest  and  most 
important  part  of  the  Executive  Department,  must  have  a  concur- 
n-iK-e  of  two  thirds  of  them.  All  appointments  under  the  President 
and  Vice  President,  must  be  by  their  advice  and  consent,  unless 
t'.iey  concur  in  passing  a  law  divesting  themselves  of  this  power. 
By  the  checks,  which  are  intrusted  with  them,  upon  both  the  exec- 
utive and  the  other  branch  of  the  Legislature,  the  stability  of  the 
Government  is  evidently  placed  in  their  hands. 

The  approbation  of  the  Senate  was  certainly  meant  to  guard 
against  the  mistakes  of  the  President  in  his  appointments  to  office. 


106  SKETCHES  OF  DEBATES 

I  do  not  admit  the  doctrine  of  holding  commissions,  during  pleas- 
ure, as  constitutional ;  and  shall  speak  to  that  point  presently.  But 
supposing,  for  a  moment,  that  to  be  the  case  ;  is  not  the  same  guard 
equally  necessary  to  prevent  improper  steps  in  removals,  as  in  ap- 
pointments. Certainly  common  inference  or  induction  can  mean 
nothing  short  of  this.  It  is  a  maxim  in  legislation,  as  well  as  reason, 
and  applies  well  in  the  present  case,  that  it  requires  the  same  power 
to  repeal  as  to  enact.  The  depriving  power  should  be  the  same  as 
the  appointing  power. 

But  was  this  a  point  left  at  large  by  the  constitution  ?  Certainly 
otherwise.  Five  or  six  times  in  our  short  constitution  is  the  trial 
by  impeachment  mentioned.  In  one  place,  the  House  of  Repre- 
sentatives shall  have  the  sole  power  of  impeachment.  In  another, 
the  Senate  shall  have  the  sole  power  to  try  impeachments.  In  a 
third,  judgment  shall  not  extend  further  than  to  removal  from  office 
and  disqualification  to  hold  or  enjoy  offices,  &c.  The  President 
shall  not  pardon  in  cases  of  impeachment.  The  President,  Yice 
President,  and  all  civil  officers  of  the  United  States,  shall  be  re- 
moved from  office  on  impeachment,  &c.  No  part  of  the  constitu- 
tion is  so  fully  guarded  or  more  clearly  expressed  thai^  this  part  of 
it.  And  most  justly,  too  ;  for  every  good  government  guards  the 
reputation  of  her  citizens,  as  well  as  their  life  and  property.  Every 
turning  out  of  office  is  attended  with  reproach,  and  the  person  so 
turned  out  is  stigmatized  with  infamy.  By  means  of  impeachment, 
a  fair  hearing  and  trial  is  secured  to  the  party.  Without  this,  what 
man  of  an  independent  spirit  would  accept  of  such  an  office.  Of 
what  service  can  his  abilities  be  to  the  community,  if  afraid  of  the 
nod  or  beck  of  a  superior.  He  must  consult  his  will  in  every  mat- 
ter. Abject  servility  is  most  apt  to  mark  the  line  of  his  conduct, 
and  this,  011  the  one  hand,  will  not  fail  to  be  productive  of  despot- 
ism and  tyranny  on  the  other  ;  for  I  consider  mankind  as  composed 
nearly  of  the  same  materials  in  America  as  in  Asia — in  the  United 
States  as  in  the  East  Indies,  The  constitution  certainly  never  con- 
templated any  other  mode  of  removing  from  office.  The  case  is 
not  omitted  here  ;  the  most  ample  provision  is  made.  If  gentlemen 
do  not  like  it,  let  them  obtain  an  alteration  of  the  constitution,  but 
this  cannot  be  done  by  law. 

If  the  virtues  of  the  present  Chief  Magistrate  are  brought  for- 
ward as  a  reason  for  vesting  him  with  extraordinary  powers,  no 
nation  ever  trod  more  dangerous  ground.  His  virtues  will  depart 
with  him,  but  the  powers  which  you  give  him  will  remain,  and  if 
not  properly  guarded  will  be  abused  by  future  Presidents,  if  they 


Tx  Tin-:  FIUST  S  I:\ATK  OF  TIN-:  I'MTKI)  STATI:          101 

are  men.     This,  however,  is  not  the  whole  of  the  objection  I  have 
to  the  clause. 

A  chief  clerk  is  to  be  appointed,  and  this  without  any  advice  or 
consent  of  the  Senate.  This  Chief  Clerk,  on  the  removal  of  the 
Secretary,  will  become  the  principal  in  the  office,  and  so  may  re- 
main during  the  Presidency,  for  the  Senate  cannot  force  the  Presi- 
dent into  a  nomination  for  a  new  officer.  This  is  a  direct,  stroke  at 
the  power  of  the  Senate.  Sir,  I  consider  the  clause  as  exception- 
able every  way,  and,  therefore,  move  you  to  strike  it  out. 

Langdon  jumped  up  in  haste — hoped  the  whole  would  not  be 
struck  out,  but  moved  that  the  clause  only  of  the  President  remov- 
ing should  be  struck  out. 

Up  rose  Ellsworth,  and  a  most  elaborate  speech,  indeed,  did  he 
make,  but  it  was  all  drawn  from  writers  on  the  distribution  of  gov- 
ernment. The  President  was  the  executive  officer.  He  was  inter- 
fered with  in  the  appointment,  it  is  true,  but  not  in  the  removal. 
The  Constitution  had  taken  one,  but  not  the  other,  from  him. 
Therefore,  removal  remained  to  him  entire.  He  carefully  avoided 
the  subject  of  impeachment.  He  absolutely  vised  the  following  ex- 
pressions, with  regard  to  the  President :  "It  is  sacrilege  to  touch  an 
hair  of  his  head  and  we  may  as  well  lay  the  President's  head  on  a 
block  and  strike  it  off  with  one  blow."  The  way  he  came  to  use 
these  words  was,  after  having  asserted  that  removing  from  office 
was  his  privilege,  we  might  as  well  do  this  as  deprive  him  of  it. 
He  had  sore  eyes  and  a  green  silk  over  them.  On  pronouncing  the 
last  of  the  two  sentences,  he  paused,  put  his  handkerchief  to  his 
face,  and  either  shed  tears,  or  affected  to  do  so. 

AVhen  he  sat  down,  both  Butler  and  Izard  sprang  up.  Butler, 
however,  continued  up.  1  Ee  began  with  a  declaration  that  he  came 
into  the  House  in  the  most  perfect  state  of  indifference,  and  rather 
disposed  to  give  the  power  in  question  to  the  President.  But  the 
arguments  of  the  honorable  gentleman  from  Connecticut,  in  endeav- 
oring to  support  the  clause,  had  convinced  him,  in  the  clearest  man- 
ner, that  the  clause  was  highly  improper,  and  he  would  vote  against 
it.  Izard  now  got  at  it,  and  spoke  very  long  against  the  clause. 
Strong  got  up  for  the  clause,  and  a  most  confused  speech  he  made 
indeed.  1  have  notes  of  it,  but  think  it  really  not  worth  answering, 
unless  to  show  the  folly  of  some  things  which  he  said. 

Dr.  Johnson  rose,  and  told  us  twice,  before  he  proceeded  far,  that 
he  would  not  give  an  opinion  on  the  power  of  the  President.  How- 
ever, his  whole  argument  went  against  the  clause;  and  at  last  he 
declared  lie  was  against  the  whole  of  it. 

Mr  Lee  rose.     He  spoke  long  and  pointedly  against  the  clause. 


108  SKETCHES  OF  DEBATES 

He  repeated  many  of  my  arguments,  but  always  was  polite  enough 
to  acknowledge  the  mention  I  had  made  of  them.  He  spoke  from 
a  paper,  which  he  held  in  his  hand.  He  continued  until  it  was  past 
three  o'clock;  and  an  adjournment  was  called  for,  and  took  place. 

In  looking  over  my  notes,  I  find  I  omitted  to  set  down  sundry 
arguments  which  I  used.  But  no  matter,  I  will  not  do  it  now. 

July  15.  Senate  met.  Mr.  Carroll  showed  impatience  to  be  up 
first.  He  got  up,  and  spoke  a  considerable  length  of  time.  The 
burden  of  his  discourse  seemed  to  be  want  of  power  in  the  Presi- 
dent, and  a  desire  of  increasing  it.  Great  complaints  of  what  he 
called  the  atrocious  assumption  of  power  in  the  States.  Many  allu- 
sions to  the  power  of  the  British  kings.  The  king  can  do  no  wrong. 
If  anything  improper  is  done,  it  should  be  the  ministers  that  should 
answer. 

Collection  Bill. 

The  collection  bill  was  called  for,  and  read  for  the  first  time. 

The  Senate  Journal  states  that  the  Senate  resumed  the  considera- 
tion of  the  bill  for  establishing  an  Executive  Department,  to  be  de- 
nominated the  department  for  foreign  affairs. 

The  journal  of  Mr.  Maclay  proceeds  : 

Now,  Ellsworth  rose,  with  a  most  lengthy  debate.  The  first 
words  that  he  said  were:  In  this  case,  the  constitution  is  our  only 
rule,  for  we  are  sworn  to  support  it.  But  neither  quoted  it,  nor 
ever  named  it,  afterwards,  except  as  follows  :  He  said  by  allusion : 
I  bu}^  a  square  acre  of  land.  I  bivy  the  trees,  waters,  and  every- 
thing belonging  to  it.  The  executive  power  belongs  to  the  Presi- 
dent. The  removing  of  officers  is  a  tree  on  this  acre.  The  power 
of  removing  is,  therefore,  his.  It  is  in  him.  It  is  nowhere  else. 
Thus  we  are  under  the  necessity  of  ascertaining  by  implication 
where  the  power  is. 

He  called  Dr.  Johnson  Thomas  Aquinas,  by  implication,  too — and 
said  things  rather  uncivil,  of  some  other  of  his  opponents.  Most 
carefully  did  he  avoid  entering  on  the  subject  of  impeachment. 
After  some  time,  however,  he  got  fairly  on  new  ground.  Lamented 
the  want  of  power  in  the  President.  Asked,  did  we  ever  quarrel 
with  the  power  of  the  Crown  of  Great  Britain  ?  No  ;  we  contended 
with  the  power  of  the  Parliament.  No  one  ever  thought  the  power 
of  the  Crown  too  great.  Said  he  was  growing  infirm — should  die, 
and  should  not  see  it — but  the  Government  would  fail,  for  want  of 
power  in  the  President.  He  would  have  power,  as  far  as  he  would 
be  seen  in  his  coach  and  six.  We  must  extend  the  executive  arm. 
(Mr.  Lee,  yesterday,  had  said  something  about  the  Dutch.)  If  we 
must  have  examples,  said  he,  let  us  draw  them  from  the  people 


IN  THE  FIRST  SEN  ATP:  OF  THE  UNITED  STATES.       109 

whom  we  used  always  to  imitate — from  the  nation  who  have  made 
all  others  bow  before  them ;  and  not  from  the  Dutch,  who  are  di- 
vided, and  factions. 

He  said  a  vast  deal  more ;  but  the  above  was  all  I  minuted  down 
at  the  time. 

Mr.  Izard  rose,  and  answered.     Mr.  Butler  rose,  and  spoke. 

It  was  after  three ;  Mr.  Lee  rose ;  said  he  had  much  to  say,  but 
would  now  only  move  an  adjournment.  As  it  was  late,  the  House, 
accordingly,  adjourned. 

I  have  seen  more  caballing  and  meeting  of  the  members  in  knots, 
this  day,  than  I  ever  observed  before.  As  I  came  up  stairs,  Ells- 
worth, Aimes,  and  Mr.  Morris  stood  in  a  knot  up  stairs.  Soon  after, 
Ellsworth,  Carroll,  and  Strong  got  together.  As  soon  as  the  House 
adjourned,  Carroll  took  Patterson  aside,  and  there  seemed  a  general 
hunt  and  bustle  among  the  members.  I  see  plainly,  public  speak- 
ing on  this  subject  is  now  useless;  and  we  may  put  the  question 
where  we  please.  It  seems  as  if  a  court  party  was  forming.  In- 
deed, I  believe,  it  was  formed  long  ago. 

July  16.  Attended  pretty  early  this  morning.  Many  were,  how- 
ever, there  before  me.  It  was  all  huddling  away,  in  small  parties. 
Our  President  was  very  busy,  indeed ;  running  to  every  one.  He 
openly  attacked  Mr.  Lee  before  me,  on  the  subject  in  debate ;  and 
they  were  loud  on  the  business.  I  began  to  suspect  that  the  court 
party  had  prevailed.  Senate,  however,  met,  and  at  it  they  went. 

Mr.  Lee  began ;  but  I  really  believe  the  altercation,  though  not  a 
violent  one,  which  he  had  with  the  President,  had  hurt  him;  for  he 
was  languid,  and  much  shorter  than  ever  I  had  heard  him  on  al- 
most any  subject. 

Mr.  Patterson  got  up.  For  a  long  time  you  could  not  know 
what  he  would  be  at.  After,  however,  he  had  warmed  himself  with 
his  own  discourse,  as  the  Indians  do  with  their  war  song,  he  said 
he  was  for  the  clause  continuing.  He  had  no  sooner  said  so,  than 
he  assumed  a  bolder  tone  of  voice — flew  over  to  England — extolled 
its  Government — wished,  in  the  most  unequivocal  language,  that 
our  President  had  the  same  powers.  Said  let  us  take  a  second  view 
of  England — repeating  nearly  the  same  thing.  Let  us  take  a  third 
view  of  it,  said  he.  And  he  then  abused  the  Parliament  for  liMvinir 
made  themselves  first  triennial,  and  lastly  septennial.  Speaking  of 
the  constitution,  he  said  expressly  these  words,  speaking  of  the  re- 
moving of  officers  :  There  is  not  a  word  of  removability  in  it.  His 
argument  was  that  the  executive  held  this,  as  a  matter  of  course. 

Mr.  Wyngate  got  up,  aiid  said  something  for  striking  out. 


110  SKETCHES  OF  DEBATES 

Mr.  Reed  rose,  and  was  on  his  feet  for  an  hour.  He  had  to  talk  a 
great  deal  before  he  could  bring  himself  to  declare  against  the  motion. 

But  now  a  most  curious  scene  opened.  Dalton  rose,  and  said  a 
number  of  things,  in  the  most  hesitating  and  embarrassed  manner. 
It  was  his  recantation — had  just  now  altered  his  mind.  From  what 
had  been  said  by  the  honorable  gentleman  from  Jersey,  he  was  now 
for  the  clause. 

Mr.  Izard  was  so  provoked,  that  he  jumped  up — declared  nothing 
had  fell  from  that  gentleman  that  possibly  could  convince  any  man ; 
that  men  might  pretend  so,  but  the  thing  was  impossible. 

Mr.  Morris'  face  had  reddened  for  some  time.  He  rose  hastity. 
He  threw  censure  on  Mr.  Izard — declared  that  the  recanting  man 
behaved  like  a  man  of  honor — that  Mr.  Patterson's  arguments  were 
good,  and  sufficient  to  convince  any  man. 

But  now  recantation  was  in  fashion.  Mr.  Bassett  recanted,  too, 
though  he  said  he  had  prepared  himself  on  the  other  side.  We  now 
saw  how  it  would  go  ;  and  I  could  not  help  admiring  the  frugality 
of  the  court  party,  in  procuring  recantations  or  votes;  which  you 
please. 

After  all  the  arguments  were  ended,  and  the  question  taken,  the 
Senate  was  ten  to  ten ;  and  the  President,  with  great  joy,  cried  out 
it  is  not  a  vote,  without  giving  himself  time  to  declare  the  division 
of  the  House,  and  give  his  vote  in  order. 

Every  man  of  our  side,  in  giving  their  sentiments,  spoke  with 
great  freedom,  and  seemed  willing  to  avow  their  own  opinion  in  the 
openest  manner.  Not  a  man  of  the  others,  who  made  any  speech 
to  the  merits  of  the  matter,  but  went  about  it  and  about  it.  I  called 
this  singing  the  war  song ;  and  told  Mr.  Morris  I  would  give  him 
every  one  who  I  heard  sing  the  war  song — or,  in  other  words,  those 
who  could  not  avow  the  vote  they  were  fully  minded  to  give,  until 
they  had  raised  spirits  enough,  by  their  own  talk,  to  enable  them 
to  do  it.  Grayson  made  a  speech.  It  was  not  long,  but  he  had  in 
it  this  remarkable  sentence  :  The  matter  predicted  by  Mr.  Henry  is 
now  coming  to  pass — consolidation  is  the  object  of  the  new  Govern- 
ment ;  and  the  first  attempt  will  be  to  destroy  the  Senate,  as  they 
are  the  Representatives  of  the  State  Legislatures. 

It  has  long  been  a  maxim  with  me,  that  no  frame  of  government, 
whatever,  would  secure  liberty,  or  equal  administration  of  justice,  to 
a  people,  unless  virtuous  citizens  were  the  legislators  and  governors. 
I  live  not  a  day  without  finding  new  reason  to  subscribe  to  this  doc- 
trine. What  avowed  and  repeated  attempts  have  I  seen  to  place  the 
President  above  the  powers  stipulated  for  him  by  the  constitution. 


Ltf  THE  FIKST  SKNATK  <>F  TIM;  I'MTKD  STATKS.       Ill 

For  striking  out :  Butler,  Izard,  Langdon,  Johnson,  Wingate, 
Few,  Gunn,  Gray  son,  Lee,  Maclay — 10. 

Against  striking  out :  Reed,  Bassett,  Ellsworth,  Strong,  Dalton, 
Patterson,  Elmer,  Morris,  Henry,  Carroll.  The  President,  John 
Adams — 11. 

On  the  Senate  Journal,  under  date  of  Friday,  July  17,  there  is 
an  entry  as  follows  : 

Resumed  the  consideration  of  the  bill  for  establishing  an  execu- 
tive department,  to  be  denominated  the  department  of  foreign 
affairs,  and  agreed,  line  first,  to  expunge  the  words  "  Congress  of 
the  United  States,"  and  insert  "  Senate  and  House  of  Represent- 
atives of  the  United  States  of  America,  in  Congress  assembled," 
and  assigned  to-morrow  for  a  third  reading. 

On  motion,  that  on  the  final  question  upon  a  bill  or  resolve,  any 
member  shall  have  a  right  to  enter  his  protest  or  dissent  on  the 
Journal,  with  reasons  in  support  of  such  dissent,  provided  the  same 
be  offered  within  two  days  after  the  determination  on  such  final 
question. 

Passed  in  the  negative. 

The  engrossed  bill  to  establish  the  judicial  courts  of  the  United 
States  was  read,  and  upon  the  question,  shall  the  bill  pass  ?  the  yeas 
and  nays  being  required  by  one  fifth  of  the  Senators  present,  the 
determination  was  as  follows  :  Yeas — Messrs.  Bassett,  Carroll,  Dal- 
ton, Ellsworth,  Elmer,  Few,  Gunn,  Henry,  Johnson,  Izard,  Morris, 
Patterson,  Read,  and  Strong.  Nays — Messrs.  Butler?  Grayson, 
Langdon,  Lee,  Maclay,  and  \Vinuate. 

Mr.  Maclay 's  journal  proceeds: 

July  17.  Attended  at  the  Hall,  half  after  nine  o'clock.  We  read 
and  corrected  the  long  judiciary.  The  Senate  met  at  the  usual 
time.  This  same  judiciary  was  taken  up  and  went  over.  And 
now,  Mr.  Butler  rose  against  it ;  Mr.  Grayson  spoke  against  it ;  and 
Mr.  Lee  was  more  pointed  than  any  of  them.  Had  Mr,  Lee  joined 
us  in  my  objections  to  it  at  an  early  period,  perhaps  we  might  have 
now  had  it  in  better  form.  Mr.  Butler  offered  a  motion  for  leave 
for  any  member  to  enter  his  dissent  on  the  minutes.  This  proved 
a  most  lengthy  debate.  It  was  four  o'clock  before  it  was  decided. 
He  lost  his  motion.  I  thought  it  right. 

And  now  Mr.  Lee,  Mr.  Grayson,  Mr.  Butler,  Mr.  Wingate  rose 
for  the  yeas  and  nays  on  the  judiciary  bill.  They  were  given.  I 
was  iii  the  negative. 

I  opposed  this  bill  from  the  beginning.  It  certainly  is  a  vile  law 
system,  calculated  for  expense,  and  with  a  design  to  draw  by  de- 
grees all  law  business  into  the  Federal  courts.  The  constitution 


112  SKETCHES  or  DEBATES 

is  meant  to  swallow  all  the  State  constitutions,  by  degrees ;  and 
this  to  swallow,  by  degrees,  all  the  State  judiciaries.  This,  at  least, 
is  the  design  some  gentlemen  seem  driving  at. 

July  18.  We  had  some  debate  yesterday  about  the  adjournment. 
It  was  agreed  to  sit  this  day  expressly  with  a  design  to  take  up  the 
collection  bill.  As  soon  as  the  minutes  were  read,  Mr.  Morris  called 
for  it,  and  I  seconded  it.  But  Ellsworth  called  for  the  bill  on  for- 
eign affairs,  (as  he  was  sick,  and  wanted  a  few  days  absence,  and 
Bassett,  who  had  stayed  over  the  time  he  expected,  was  likewise 
going  out  of  town.)  We  had  now  much  curious  conversation.  Mrr 
Gray  son  made  some  remarks  on  our  mode  of  doing  business.  Our 
doors  were  shut,  and  a  member  was  debarred  the  privilege  of  a 
protest.  We  were  shut  up  in  conclave.  We,  however,  have  often 
had  this  business  before  us. 

The  President  took  occasion  to  get  up,  and  gave  us  his  history 
of  protests.  He  said  the  House  of  Lords  only  had  that  right ; 
they  had  it  in  a  feudal  right.  They  were,  originally,  an  armed 
militia  for  the  defense  of  the  country,  and  were  supposed  to  be  pos- 
sessed of  everything  honorable.  But  as  to  the  Scotch  peers,  that 
was  a  piece  of  patchwork.  The  Senate  -were  an  elective  body,  and 
their  motives  would  be  to  preserve  their  popularity,  in  order  to  se- 
cure their  elections,  and,  therefore,  they  ought  not  to  have  any 
power  of  protesting. 

Ellsworth  made  a  second  motion,  that  the  bill  for  foreign  affairs 
should  be  postponed  till  Wednesday  fortnight.  .  Langdon  seconded 
thiSo  Sundry  gentlemen  called,  however,  for  the  bill.  The  Presi- 
dent put  the  question  on  the  bill,  and  it  was  taken  up.  The  gentle- 
men against  the  bill,  Mr.  Izard,  Langdon,  and  Johnson,  declared 
all  they  wished  was  the  yeas  and  nays,  in  the  same  form  as  they  had 
passed  yesterday;  the  President  giving  the  casting  vote.  Ells- 
worth proposed  that  Bassett  should  withdraw,  and  then  there  would 
be  a  tie.  Bassett  did  not  like  it.  Ellsworth  proposed  to  withdraw, 
and  actually  did  so.  All  this  was  occasioned  by  the  absence  of 
Butler. 

And  now  the  yeas  and  nays  were  taken  on  the  words,  by  the 
President.  Our  President  gave  the  casting  vote.  Mr.  Lee  moved 
an  amendment,  in  the  forepart  of  the  bill,  which  did  not  seem  well 
digested.  It  was  lost,  of  course.  The  amount  of  it  was,  that  the 
officer  should  be  responsible.  I  rose,  and  said  I  would  not  consent 
to  it ;  for,  by  the  third  clause  of  the  bill,  the  officer  was  made  such 
an  abject  creature,  so  dependent  on  the  nod  of  a  superior,  I  thought 
it  cruel  to  make  him,  in  any  degree,  responsible  for  measures  in 
which  he  could  have  no  free  agency  0  He  had  been  called  servant. 


I.\  TIN:  FIRST  SF.NATK  OF  TIIK  UMTKD  STATKS.       ]]3 

II  r  was  more — he  was  the  creature  of  the  President.  The  Presi- 
dent was  a  responsible  officer,  by  the  constitution.  It  had  been 
said  no  use  would  be  made  of  this.  I  hoped  there  never  would  be 
any  occasion ;  but  respondeot  superior,  was  a  maxim  in  law,  and  I 
supposed  we  would  have  to  trust  to  it. 

M  r.  Langdon  moved  to  strike  out  to  be  appointed  by  the  said 
principal  officer.  I  could  not  see  what  he  aimed  at.  Dr.  Johnson 
got  up,  and  complained  of  the  approbation  of  the  President,  in  the 
last  part  of  the  clause,  as  reflecting  on  the  Senate,  to  whom  the 
constitution  had  given  the  power  of  approving.  I  doubted  whether 
I  should  rise  or  no,  thinking  all  opposition  vain.  I  determined, 
however,  to  speak. 

M  r.  President,  this  clause  calls  the  chief  clerk  an  inferior  officer. 
I  think  differently  of  him.  This,  sir,  will  be  the  man  who  will  do 
the  business.  In  England,  sir — that  country  from  which  we  are  so 
fond  of  taking  examples — the  chief  clerks  do  the  business  ;  so  much 
so  that  on  an  eminent  character  being  told,  by  a  person  who  seemed 
in  concern  on  the  occasion,  that  the  ministry  were  changed,  asked, 
gravely,  if  the  clerks  in  the  office  were  changed.  Being  answered, 
no.  Give  yourself  no  further  uneasiness,  then,  the  business  will 
meet  with  no  interruption.  So  will  it  be  here.  The  calling  him  an 
inferior  officer,  however,  paves  the  way  for  his  appointment  by  the 
head  of  the  department.  But  what  is  the  use  of  the  clause  here  ? 
I  think  freely,  and  freely  will  I  speak.  The  Secretary  appoints  his 
clerk,  of  course,  and  the  clerk,  of  course,  will  take  care  of  the  office 
records,  books,  and  papers,  even  if  the  principal  should  be  removed. 
The}'  are  to  be  under  oath,  or  affirmation,  faithfully  to  execute  the 
trust  committed  to  them.  It  is  not  to  be  presumed  that  they  will 
abandon  the  papers  to  the  winds.  What,  then,  is  the  use  of  the 
clause  ?  Clearly  to  put  it  into  the  power  of  a  President,  if  so 
minded,  to  exercise  this  office  without  the  advice  or  consent  of  the 
Senate,  as  to  the  affair  The  consent  of  the  President,  at  the  end 
of  the  clause,  points  out  this  clearly.  This  is  a  kind  of  consent,  un- 
warranted by  the  constitution.  The  President  removes  the  princi- 
pal— the  clerk  pleases  him  well,  being  the  man  of  his  approbation. 
The  Senate  cannot  force  him  to  a  nomination,  and  the  business  may 
rroriM'd  during-  his  presidency.  The  objects,  ostensibly  held  out 
by  the  bill,  :irc  nugatory.  The  design  is  but  illy  concealed.  It  was 
for  these  reasons  I  formerly  moved  to  strike  out  this  clause ;  and 
I  am  still  averse  to  the  whole  of  it. 

Patterson  got  up,  said  the  latter  part  of  the  clause,  perhaps,  was 
exceptionable,  and  he  would  have  no  objection  to  strike  it  out. 

Mr.  Morris  rose,  and  said  something  to  the  same  import ;  but  as 


114  SKETCHES  OF  DEBATES 

Dr.  Johnson  had  glanced  something  at  the  conduct  of  the  other 
House,  and  as  what  I  had  said  leaned  the  same  way,  Mr.  Morris 
said,  whatever  the  particular  view  might  be  of  the  member  who 
brought  in  this  clause,  he  acquitted  the  House,  in  general,  of  any 
design  against  the  Senate. 

Mr.  Ellsworth  rose,  and  said  much  more  on  the  same  subject. 

I  rose,  and  said  I  thought  nothing  on  this  subject,  which  I  would 
not  avow.  The  House  of  Representatives  had  debated  four  days 
on  a  direct  clause  for  vesting  the  President  with  this  power ;  and, 
after  having  carried  it  with  an  open  face,  they  dropped  and  threw 
out  the  clause ;  and  have  produced  the  same  thing,  cloaked  and 
modified,  in  a  different  manner,  by  a  side  wind.  I  liked,  for  my 
part,  plain  dealing  ;  and  there  was  something  that  bore  a  very  dif- 
ferent aspect  in  this  business. 

Monday,  20th  July.    Asked  leave  of  absence  for  three  weeks,  on 
account  of  my  health.     Obtained  it  without  difficulty.     I  remained 
some  time  in  my  place,  after  business  was  over,  to  give  an  oppor- 
tunity to  any  of  the  members  who  chose  it  to  wish  me  a  good  jour- 
ney, or  speak  to  me  on  business,  if  they  had  any.     Henry,  of  Mary- 
land, and  a  group  soon  gathered  about  me.     They  seemed  to  think 
that  my  going  was  owing  to  disaffection  to  public  measures,  as 
much  as  to  indisposition.     This  1  would  not  own  but  in  qualified 
sense ;  that  my  disappointment  with  respect  to  public  measures  and 
constant  vexation,  had,  perhaps,  aggravated  my  indisposition.     Fun 
now  let  loose  her  frolics  upon  me,  and  who,  of  all  the  human  race, 
will  thank  you  for  that.     Not  one  in  a  thousand  will  believe  a  word 
of  it,  and  if  any  do,  they  will  call  you  fool  for  your  pains.     Grati- 
tude no    governing  principle  among  the  humanum  pecus.     Fear 
only  the  parent  of  obedience  among  the  herd  of  mankind.     Repub- 
lican theories  well  enough  in  times  of  public  commotion,  or  at  elec- 
tions; but  all  sensible  men,  once  in  power,  know  that  force  is  the 
only  effectual  means  to  secure  obedience.     Hence  has  flowed,  and 
forever  will  flow,  the  failure  of  republican  government.     Oligarchies 
and  aristocracies  follow,  till  monarchy  tops  the  S3Tstem,  and  will 
continue  till  some  unskillful  driver  overloads  the  ass,  and  then  the 
restive  beast  throws  both  itself  and  the  rider  in  the  mire,  and  the 
old  process  begins.     A  Senator  will  be  in  your  place  before  long,, 
said  one.     Your  patriotism  will  be  of  great  service  to  you  then.    A 
single  dinner,  given  by  a  speculator,  (people  who  do  not  like  you,) 
will  procure  ten  votes,  where  your  disinterestedness  has  not  pro- 
cured you  one.     And  you  must  intrigue  and  cabal  as  deep,  and 
deeper,  too,  than  your  adversaries,  or  we  will  not  see  you  here 
again.     Is  there  a  single  one  of  the  majestic  mob  who  will  not  belie, 


I.v  TIIK  FIRST  SKXATI-;  OF  TIN-:  I'MTKD  STATES.      115 

defraud,  deceive,  and  cheat  you  for  the  smallest  interest.  Health  is 
too  »Teat  a  sacrifice  for  such  an  herd.  The  whole  was  delivered 
with  so  comic  an  air,  that  a  serious  answer  seemed  improper,  and 
yet  I  wished  to  say  something,  and,  for  the  sake  of  harmony,  if 
possible,  in  the  same  key.  Gentlemen,  I  have  at  home  good  neigh- 
bors, good — 

[The  next  leaf  has  been  torn  out.] 

MEM. — It  appears  from  the  Senate  Journal,  that  on  the  25th  July, 
Rufus  King,  from  New  York,  appeared,  and  took  his  seat ;  and  on 
the  2Tth  of  the  same  month,  Philip  Schuyler,  from  New  York, 
took  his  seat. 

The  journal  of  Mr.  Maclay  proceeds: 

Sunday,  16th  August.  Came  to  New  York  at  ten  o'clock  at  night, 
greatly  fatigued  with  my  journey.  Went  after  breakfast  to  Mr.  Mor- 
ris' lodging.  He  was  abroad.  Called  on  Mr.  Clymer,  at  his  lodgings, 
and  left  his  and  Mr.  Fitzsimmons'  letters.  Called  to  see  Scott  and 
Elliott ;  both  abroad.  Called  on  Mr.  Izard.  He  gave  me  a  short 
history  of  the  court  party,  which  (as  might  be  expected)  is  gam- 
ing ground.  A  conference  has  been  held  with  the  President,  in 
which  Mr.  Izard  declares  that  the  President  owned  he  had  consulted 
the  members  of  the  House  of  Representatives,  as  to  his  nomina- 
tions ;  but  likewise  said  he  had  not  acted  so  with  the  Senators,  as 
they  could  have  an  opportunity  of  giving  their  advice  and  consent 
afterwards.  Mr.  Izard  informed  me  of  the  attempt  of  Gorham  to 
get  the  land  commonly  called  the  triangle  (now  in  Erie  county) 
from  Pennsylvania,  or,  at  least,  to  delay  the  business  until  he  could 
get  a  number  of  New  England  men  settled  on  it,  so  as  to  hold  it 
by  force,  and  make  a  second  Wyoming  of  it.  He  said  Mr.  Morris 
had  got  the  business  put  off  until  Wednesday,  expecting  my  com- 
iiig  to  town.  B}T  his  account,  a  strong  party  is  forming  by  Gorham, 
and  they  expect  to  carry  it  against  Pennsylvania. 

I  immediately  left  him,  Sunday  as  it  was,  to  call  on  Scott  and 
Elliott,  to  prepare  for  this  business.  Could  find  none  of  them. 

My  haste  and  agitation  on  hearing  of  Gorham 's  affair,  prevented 
my  noting  all  Mr.  Izard's  communications.  He  said,  all  your  meas- 
ures are  reprobated,  and  will  be  rejected.  Your  voting  by  ballot, 

XOTE. — The  bill  for  the  government  of  the  Northwestern  Territory  was 
first  received  in  the  Senate,  from  the  House,  on  the  21st  of  July,  1789,  when 
Mr.  Maeluv  was  absent,  (See  Senate  Journal,  page  52.)  He  appears  to  have 
been  absent  from  about  the  20th  of  July  till  the  16th  of  August,  1789. 

The  bill  confirming  the  ordinance  of  1787  for  the  government  of  the  terri- 
tory northwest  of  the  Ohio,  was  approved  on  the  7th  of  August. — See  Annals 
of  Congress,  page  52. 


116  SKETCHES  OF  DEBATES 

in  agreeing  to  nominations,  and  so  on.  We  have  all  been  to  dine 
with  the  great  man.  It's  all  disagreeable  to  him,  and  will  be  altered 
&c.  He  gave  me  clear  hints  of  my  loss  of  character  at  court,  and 
on  the  direct  influence  of  the  President  with  the  members  of  Con- 
gress, &c.  For  some  time  past,  (as  the  Indian  said,)  I  could  see 
how  the  watches  went,  but  I  did  not  know  before  the  wa}^  they 
were  wound  up. 

It  was  to  counteract  a  growing  influence,  which  I  observed  to 
gain  ground  daily,  that  I  moved  the  consent  to  appointments  to  be 
given  by  ballot.  The  having  carried  this  matter  was  passing  the 
Rubicon  in  transgression,  as  it  went  to  pluck  up  patronage  by  the 
roots. 

A  thought  here  on  the  subject  of  influence.  Strip  it  of  its 
courtly  coloring,  and  it  is  neither  more  or  less  than  corruption. 
When  Walpole  debauched  the  British  Senate,  was  it  either  morally 
or  politically  different  whether  he  did  it  by  court  favor,  loans,  jobs, 
lottery  tickets,  contracts,  offices,  or  expectancy  of  them,  or  with 
the  clinking  guinea?  The  motive  and  effect  was  certainly  the 
same. 

It89,  Monday,  Itth  August,  went  out,  although  I  was  not  very 
well.  It  was  near  nine  o'clock  before  I  could  see  Mr.  Scott.  I  saw 
Mr.  Morris,  who  had  just  received,  from  Mr.  Ellicot,  all  the  papers 
about  the  triangle.  Not  one  of  them  had  ever  thought  that  Penn- 
sylvania had  actually  purchased  this  land  from  the  Indians.  I 
called  on  Gen.  St.  Clair,  who  will  set  this  in  a  clear  point  of  view,  if 
they  will  not  give  us  time  to  send  to  Philadelphia  for  the  deed,  &c. 

Attended  the  Senate  at  the  usual  hour.  The  business  agitated 
this  day  in  the  Senate,  was  the  bill  for  regulating  the  coasting  trade. 
Some  progress  was  made  in  it,  when  it  was  postponed ;  and  the  af- 
fairs of  Georgia,  with  respect  to  the  Indians,  was  taken  up.  Some 
warmth  on  this  business.  Sat  until  after  four,  and  adjourned. 

Tuesday,  18th  August.  Busy  preparing  for  the  debate  on  the 
triangle,  which  is  to  come  on  to-morrow.  Senate  met  at  the  usual 
time.  The  bill  for  the  Indian  treaties  was  taken  up,  and  consider- 
able debate.  I  asked  for  information — for  some  estimate  of  the  ex- 
pense ;  but  it  seems  none  had  been  furnished.  A  motion  was  made 
for  reducing  the  sum  appropriated  from  forty  to  twenty  thousand 
dollars ;  but  no  estimate  appeared  for  either.  I  lamented  my  want 
of  information,  but  declared  I  hoped  the  House  of  Representatives 
had  some  just  grounds  to  go  on,  when  they  voted  the  forty — that 
I  would  for  once  trust  to  them,  since  I  must  vote  in  the  dark.  But 
the  twenty  was  carried.  We  then  read  over  the  penal  law  for  the 
second  time,  and  debated  on  it  until  the  hour  of  adjournment. 


J.\  THK  FIKST  SKNATI-:  OF  TIN-:  l~xn  KI>  STATES.      117 

Wednesday.  Senate  met,  and  went  on  the  appointment  of  an  offi- 
cer t<>  run  the  line  of  the  triangle.  I  will  not  attempt  a  detail  of 
the  arguments,  maps,  resolves  of  Congress,  contracts,  &c.,  produced 
by  us,  which  those  who  voted  for  us  declared  carried  demonstration 
with  them.  We  had  everyman  east  of  the  Hudson  against  us;  and 
the  most  of  them  speakers.  Dr.  Johnson,  in  particular,  was  very 
uueaiidid.  Ellsworth  voted  against  us,  but  spoke  but  little.  King 
and  Sehuyler  managed  the  debate  principally.  Langdon  was  very 
often  up.  Every  point  on  the  paper  annexed  was  canvassed,  and  a 
vast  many  more.  I  cannot  pretend  to  say  how  often  I  was  up ;  but 
inv  throat  was  really  sore  with  speaking.  So  plain  a  case  I  never 
before  saw  cost  so  much  trouble.  At  a  quarter  past  three  we  got 
the  resolve  passed. 

The  following  is  the  annexed  paper  referred  to  by  Mr.  Maclay : 
Act  of  cession  by  the  State  of  New  York  to  the  United  States,  on 
the  1st  March,  1781.  Accepted  by  Congress,  on  the  29th  October, 
1782. 

Here  showed  that  the  cession  was  made  on  geographical  princi- 
ples, by  the  map,  and  explain  how  the  northwest  corner  of  Pennsyl- 
vania came  to  be  placed  fifty  (say  fifty-four  and  a  half)  miles  further 
west ;  and  how  this  company  and  the  State  of  New  York  wish  to 
avail  themselves  of  that  circumstance. 

On  the  18th  April,  1785,  a  cession  of  the  same  territory  was  ac- 
cepted by  Congress  from  the  State  of  Massachusetts,  in  the  same 
words,  only  the  Pennsylvania  line  is  not  mentioned,  on  a  supposi- 
tion that  there  was  a  vacancy  of  two  minutes  of  a  degree  between 
them. 

A  meridian  passing  through  the  westerly  bend  of  Lake  Erie,  or 
through  a  point  twenty  miles  west  of  the  most  westerly  bend  of 
Niagara  river,  one  or  the  other  must  be  the  western  limit  of  the 
State  of  New  York,  as  the  boundary  is  to  be  a  meridian,  and  must 
pass  through  one  or  other  of  these  points. 

On  the  6th  of  June,  1788,  Congress  ordered  the  geographer  of 
the  United  States  to  run  the  boundary  line,  giving  notice  to  the  ex- 
ecutives of  the  States  of  New  York  and  Massachusetts,  and  to  make 
an  accurate  survey  of  the  land  lying  west  of  the  meridian,  between 
Lake  Erie  and  the  State  of  Pennsylvania,  that  the  same  might  be 
sold. — (Read  the  resolution.) 

On  the  16th  of  June,  1788,  the  geographer  instructed  Andrew 
Ellicot,  Esquire,  to  perform  the  service. — (Read  the  instructions.) 

On  the  7th  of  July,  1788,  the  State  of  Pennsylvania  offered,  by 
William  JJinghiim  and  James  Reed,  three  fourths  of  a  dollar  per 
acre  for  this  land. — (Read  the  oiler.) 


118  SKETCHES  OF  DEBATES 

On  the  28th  August,  It82,  the  Pennsylvania  proposals  were  ac- 
cepted, and  the  bargain  closed  by  the  Board  of  Treasury. — (Read 
the  acceptance.) 

On  the  4th  of  September,  1788,  Congress  vested  the  right  of  juris- 
diction over  the  said  tract  in  the  State  of  Pennsylvania. — (Read  the 
resolution.) 

Pennsylvania,  thus  vested  with  the  right  both  to  soil  and  juris- 
diction, pursued  her  usual  system  with  regard  to  new  lands ;  and, 
although  it  was  said  that  the  Congress  ought  to  quiet  the  claims  of 
the  Indians,  with  respect  to  lands  sold  by  them,  she  chose,  in  con- 
formity to  ancient  usage,  to  purchase  of  the  natives.  Gen.  Butler 
and  Col.  Gibson  were  appointed  agents  at  the  treaty  at  Muskingum ; 
and  the  purchase  of  these  lands  was  made.  We  have  not  the  deeds 
and  other  documents  to  produce.  If  they  are  required,  we  will  send 
for  them.  But  Gen.  St.  Clair,  now  in  town,  was  present  at  making 
the  contract — present  xat  obtaining  the  deed — and  present  at  the 
payment  of  the  consideration  at  Fort  Pitt. 

The  delay  of  making  the  survey  keeps  out  of  the  Treasury  of  the 
United  States  about  six  hundred  and  twenty-five  thousand  dollars, 
the  interest  of  which  is  about  nine  thousand  dollars,  specie,  per  an- 
num ;  and  the  State  of  Pennsylvania  is  retarded  in  the  settlement 
of  the  country.  If  Mr.  Gorham  or  any  individual  is  injured,  a  Fed- 
eral court  will  soon  be  opened.  But  the  delays  are  attended  with 
national  as  well  as  State  disadvantages,  and  ought  not  to  be  pro- 
tracted. 

Mr.  Morris  will  vote  with,  and  support  me. 

Thursday,  20.  This  was  a  dull  day  in  Senate,  and  might  be  said 
to  make  amends  for  the  bustle"  of  yesterday.  The  coasting  trade 
bill  engaged  us  all  day  in  a  round  of  dullness.  Not  one  member 
seemed  to  understand  the  whole  of  it,  so  much  had  it  been  post- 
poned and  amended.  It  really  seems  rather  a  system  for  tolerating 
and  countenancing  smuggling,  than  otherwise.  I  told  them  so.  I 
did  not  choose  to  embark  much  in  it. 

Mr.  Lear  (one  of  the  secretaries  of  the  President)  has  for  two 
days  past  been  introduced  quite  up  to  the  President's  table  to  de- 
liver messages.  Mr.  Izard  rose  to  know  the  reason  of  this.  Our 
President  said  he  had  directed  it  to  be  so,  and  alleged  that  he  un- 
derstood the  house  so.  There  was  some  talk  about  it  a  few  da}^s 
ago  ;  but  I  understood  the  sense  of  the  Senate  to  be  that  the  head 
of  a  department,  if  he  came  to  deliver  a  message  from  the  Presi- 
dent, should  be  admitted  to  the  table;  but  a  private  secretary  re- 
ceived at  the  bar.  It  is  not  one  farthing  matter ;  but  the  clerk  of 


K  FIRST  SKNATK  OK  THK  UXITK.P  STATES.       119 

the  Representatives  is  received  at  the  bar,  and  I  think  him  a  more 
respectable  character  than  any  domestic  of  the  President. 

Friday,  21st  August.  The  report  of  the  committee  that  had  con- 
ferred with  the  President  was  taken  up.  The  most  of  it  was  where 
the  President  should  sit  on  his  being  introduced  into  our  chamber, 
and  where  our  President  should  sit,  &c.,  &c. 

A  second  resolution  was  added,  declaring  that  the  Senate  should 
give  their  advice  and  consent  in  all  cases  viva  voce.  This  being  di- 
rectly contrary  to  a  former  resolution  which  I  had  moved  for,  I 
rose,  and  remarked  that  this  matter  had  been  solemnl}-  debated 
formerly,  and  decided  in  favor  of  a  ballot  when  it  came  to  the  single 
point  of  consenting  to  a  man's  nomination.  That  I  was  still  of  the 
same  opinion,  and  would  vote  against  the  resolution. 

Izard  rose,  and  said  it  was  true  that  the  present  resolution  would 
repeal  the  former  one,  and  it  was  so  intended,  as  he  apprehended, 
there  was  a  change  in  the  sentiments  of  the  Senate  on  that  subject. 

Mr.  Morris  rose,  and  said  there  was  a  change  in  the  sentiments 
of  the  Senate,  and  he  hoped  his  honorable  colleague  would  change 
his  sentiments  for  his  own  sake. 

I  rose,  and  said  it  was  a  matter  in  which  I  was  not  in  any  degree 
personally  concerned,  and,  if  I  even  were,  nothing  should  make  me 
for  my  own  sake  change  my  vote,  while  my  judgment  remained  un- 
altered. It  could  not,  so  far  as  I  knew,  affect  me  personally  ;  but, 
even  if  it  did,  it  should  make  no  odds. 

On  the  question,  I  gave  my  no  in  a  voice  sufficiently  audible.  One 
other  faint  no  only  issued  from  the  opposite  side  of  the  House.  So 
that  now  the  court  party  triumphs  at  large. 

The  words  for  his  own  sake  were  not  without  a  meaning.  I  have 
never  been  at  the  table  of  the  President  or  Vice  President,  or  taken 
the  least  notice  of  for  a  considerable  time  by  the  diplomatic  corps 
or  the  people  of  ton  in  the  city.  But  I  care  not  a  fig  for  it.  Davy 
Harris,  too,  has  lost  his  nomination  for  an  office  in  Baltimore  ;  but 
be  it  so.  I  have  done  what  is  right  —  I  followed  my  judgment,  and 
rejoice  in  it. 

Notice  was  given  just  before  we  broke  up  that  the  President  would 
be  in  the  Senate  chamber  at  half  after  eleven  to-morrow,  to  take  the 
advice  and  consent  of  the  Senate  on  some  matters  of  consequence; 
but  nothing  communicated. 

From  the  journal  of  the  Senate,  it  appears  that  on  the  20th  of 


.  —  David  Harris  had  been  a  revolutionary  officer.  He  was  a  son  of 
John  Harris,  the  founder  of  Harrisburg,  and  was  a  brother-in-law  of  William 
Maclay.  He  was  subsequently  appointed  Collector  at  Baltimore. 


120  SKETCHES  or  DEBATES 

August,  the  President,  in  written  communication  to  the  Senate, 
nominated  General  Lincoln  as  one  of  three  commissioners  to  nego- 
tiate a  treaty  with  the  Southern  Indians,  in  pursuance  of  an  act  for 
that  purpose.  And  on  the  same  day  General  St.  Glair  was  nomi- 
nated as  Governor  of  the  Western  Territory. 

On  the  same  day  Mr.  Izard,  in  behalf  of  the  committee  appointed 
on  the  6th  August  to  wait  on  the  President,  and  confer  with  him  on 
the  mode  of  communication  proper  to  be  pursued  between  him  and 
the  Senate  in  the  formation  of  treaties,  and  making  appointments 
to  offices,  reported;  and  on  the  next  day  it  was  Resolved,  That  when 
nominations  shall  be  made  in  writing  by  the  President  of  the  United 
States  to  the  Senate,  a  future  day  shall  be  assigned,  unless  the  Sen- 
ate unanimously  direct  otherwise,  for  taking  them  into  considera- 
tion ;  that  when  the  President  of  the  United  States  shall  meet  the 
Senate  in  the  Senate  chamber,  the  President  of  the  Senate  shall 
have  a  chair  on  the  floor — be  considered  as  at  the  head  of  the  Sen- 
ate— and  his  chair  shall  be  assigned  to  the  President  of  the  United 
States  ;  that  when  the  Senate  shall  be  convened  by  the  President  of 
the  United  States  at  any  other  place,  the  President  of  the  Senate 
and  Senators  shall  attend  at  the  place  appointed.  The  Secretary 
of  the  Senate  shall  also  attend  to  take  the  minutes  of  the  Senate. 

That  all  questions  shall  be  put  by  the  President  of  the,  Senate, 
either  in  the  presence  or  absence  of  the  President  of  the  United 
States ;  and  the  Senators  shall  signify  their  assent  or  dissent  by 
answering,  viva  voce,  aye  or  no. 

On  the  same  day,  the  President  nominated  Cyrus  Griffin  and  Da- 
vid Humphreys  as  the  two  other  commissioners  to  negotiate  the 
treaty. 

On  the  same  day,  the  President  communicated  to  the  Senate  that 
he  would  meet  the  Senate,  in  the  Senate  chamber,  at  half  past  eleven 
o'clock  to-morrow,  to  advise  with  them  on  the  terms  of  the  treaty 
to  be  negotiated  with  the  southern  Indians. 

It  is  stated  on  the  Journal  of  the  22d  August,  that  the  President 
of  the  United  States  came  into  the  Senate  chamber,  attended  by 
General  Knox,  and  laid  before  the  Senate  the  following  statement 
of  facts,  with  the  questions  thereto  annexed,  for  their  advice  and 
consent : 

To  conciliate  the  powerful  tribes  of  Indians  in  the  southern  dis- 
trict, amounting,  probably,  to  fourteen  thousand  fighting  men,  and 
to  attach  them  firmly  to  the  United  States,  may  be  regarded  as 
highly  worthy  of  the  serious  attention  of  Government. 

Here  followed  a  further  statement,  for  which  see  Senate  Journal 
of  August  22,  1789,  Annals  of  Congress,  68-9. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      121 

As  it  is  necessary  that  certain  principles  should  be  fixed,  pre- 
viously to  forming  instructions  to  the  commissioners,  the  following 
questions,  arising  out  of  the  foregoing  communications,  are  stated 
by  the  President  of  the  United  States,  and  the  advice  of  the  Senate 
requested  thereon : 

1.  In  the  present  state  of  affairs  between  North  Carolina  and  the 
Tinted  States,  will  it  be  proper  to  take  any  other  measures  for  re- 
dressing the  injuries  of  the  Cherokees  than  the  one  herein  sug- 
•ri-sted  ? 

2.  Shall  the  commissioners  be  instructed  to  pursue  any  other 
measures  respecting  the  Chickasaws  and  Choctaws  than  those  herein 
suggested  ? 

3.  If  the  commissioners  shall  adjudge  that  the  Creek  nation  was 
fully  represented  at  the  three  treaties  with  Georgia,  and  that  the 
cessions  of  land  were  obtained  with  the  full  understanding  and  free 
consent  of  the  acknowledged  proprietors,  and  that  the  said  treaties 
ouiilit  to  be  considered  as  just  and  equitable  :  in  this  case,  shall  the 
commissioners  be  instructed  to  insist  on  a  formal  renewal  and  con- 
firmation thereof?  and  in  case  of  a  refusal,  shall  they  be  instructed 
to  inform  the  Creeks  that  the  arms  of  the  Union  shall  be  employed 
to  compel  them  to  acknowledge  the  justice  of  the  said  cessions  ? 

4.  But  if  the  commissioners  shall  adjudge  that  the  said  treaties 
were  formed  with  an  inadequate  or  unauthorized  representation  of 
the  Creek  nation,  or  that  the  treaties  were  held  under  circumstances 
of  constraint  or  unfairness  of  any  sort,  so  that  the  United  States 
could  not,  with  justice  and  dignity,  request  or  urge  a  confirmation 
thereof:  in  this  case,  shall  the  commissioners,  considering  the  im- 
portance of  the  Oconee  lands  to  Georgia,  be  instructed  to  use  their 
highest  exertions  to  obtain  a  cession  of  said  lands  ?     If  so,  shall 
the  commissioners  be  instructed,  if  they  cannot  obtain  the  cessions 
on  better  terms,  to  offer  for  the  same,  and  for  the  further  great  ob- 
ject of  attaching   the  Creeks  to  the  Government  of  the  United 
States,  the  following  conditions:  First,  A  compensation  in  money 
or  L'oods,  to  the  amount  of  -  -  dollars  ;  the  said  amount  to  be 
stipulated  to  be  paid  l>y  Georgia,  at  the  period  which  shall  be  fixed  ; 
or,  in  failure  thereof,  by  the  United  States.     Second,  A  secure  port 
on  the  Altamaha  or  on  St.  Mary's  river,  or  at  any  other  place  be- 
tween the  same,  as  may  be  mutually  agreed  to  by  the  commissioners 
and  the  Creeks.      Third,  Certain  considerations  to  some  and  hon- 
orable military  distinctions  to  other  influential  chiefs,  on  their  taking 
oalhs  ot   allegiance  to  the  United  States.     Fourth,  A  solemn  gu:ir- 
antee,  by  the  United  States,  to  the  Creeks  of  their  remaining  ter- 


122  SKETCHES  OF  DEBATES 

ritory,  and  to  maintain  the  same,  if  necessary,  by  a  line  of  military 
posts. 

5th.  But  if  all  offers  should  fail  to  induce  the  Creeks  to  make  the 
desired  cessions  to  Georgia,  shall  the  commissioners  make  it  an  ul- 
timatum ? 

6th.  If  the  said  cessions  shall  not  be  made  an  ultimatum,  shall 
the  commissioners  proceed  and  make  a  treaty,  and  include  the  dis- 
puted lands  within  the  limits  which  shall  be  assigned  to  the  Creeks  ? 
If  not,  shall  a  temporary  boundary  be  marked,  making  the  Oconee 
the  line,  and  the  other  parts  of  the  treaty  be  concluded  ?  In  this 
case,  shall  a  secure  port  be  stipulated,  and  the  pecuniary  and  hon- 
orary considerations  granted  ?  In  other  general  objects,  shall  the 
treaties,  formed  at  Hopewell,  with  the  Cherokees,  Chickasaws,  and 
Choctaws,  be  the  basis  of  a  treaty  with  the  Creeks  ? 

7th.  Shall  the  sum  of  twenty  thousand  dollars,  appropriated  to 
Indian  expenses  and  treaties,  be  wholly  applied,  if  necessary,  to  a 
treaty  with  the  Creeks  ?  If  not,  what  proportion  ? 

The  President  in  the  Senate  Chamber. 

Saturday,  22d  August.  Senate  met,  and  went  on  the  coasting 
bill.  The  door-keeper  soon  told  us  of  the  arrival  of  the  President. 

The  President  was  introduced,  and  took  our  President's  chair. 
He  rose  and  told  us  bluntly  that  he  had  called  on  us  for  our  advice 
and  consent  to  some  propositions  respecting  the  treaty  to  be  held 
with  the  southern  Indians.  Said  he  had  brought  General  Knox 
with  him,  who  was  well  acquainted  with  the  business. 

He  then  turned  to  General  Knox,  who  was  seated  on  the  left  of 
the  chair.  Gen.  Knox  handed  him  a  paper,  which  he  handed  to  the 
President  of  the  Senate,  who  was  seated  on  a  chair  on  the  floor  to 
his  right.  Our  President  hurried  over  the  paper.  Carriages  were 
driving  past,  and  such  a  noise,  I  could  tell  it  was  something  about 
Indians,  but  was  not  master  of  one  sentence  of  it.  Signs  were 
made  to  the  door-keeper  to  shut  down  the  sashes.  Seven  heads,  as 
we  since  have  learned,  were  stated  at  the  end  of  the  paper,  which 
the  Senate  were  to  give  their  advice  and  consent  to.  They  were  so 
framed  that  this  could  be  done  by  aye  or  no.  The  President  told 
us  that  a  paper  from  an  agent  of  the  Cherokees  was  given  to  him 
just  as  he  was  epming  to  the  Hall.  He  motioned  to  Gen.  Knox  for 
it,  and  handed  it  to  the  President  of  the  Senate.  It  was  read.  It 
complained  hard  of  the  unjust  treatment  of  the  people  of  North 
Carolina,  &c.,  their  violation  of  treaties,  &c.  Our  President  now 
read  off  the  first  article,  to  which  our  advice  and  consent  was  re- 
quested. It  referred  back  principally  to  some  statements  in  the 
body  of  the  writing  which  had  been  read. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      123 

Mr.  Morris  rose.  Said  the  noise  of  carriages  had  been  so  great 
that  he  really  could  not  say  that  he  had  heard  the  body  of  the  paper 
which  was  read,  and  prayed  it  might  be  read  again.  It  was  so. 

It  was  no  sooner  read,  than  our  President  immediately  read  the 
first  head  over,  and  put  the  question,  Do  you  advise  and  consent, 
Ac.? 

There  was  a  dead  pause.  Mr.  Morris  whispered  me,  we  will  see 
who  will  venture  to  break  silence  first. 

Our  President  was  proceeding :  As  many  as — 

I  rose  reluctantly,  indeed,  and  from  the  length  of  the  pause,  the 
hint  given  by  Mr.  Morris,  and  the  proceeding  of  our  President,  it 
appeared  to  me  that  if  I  did  not,  no  other  one  would,  and  we  should 
have  these  advices  and  consents  ravished,  in  a  degree,  from  us. 

Mr.  President :  The  paper  which  you  have  now  read  to  us  appears 
to  have  for  its  basis  sundry  treaties  and  public  transactions  between 
the  Southern  Indians  and  the  United  States  and  the  States  of  Geor- 
gia, North  and  South  Carolina.  The  business  is  new  to  the  Senate. 
It  is  of  importance.  It  is  our  duty  to  inform  ourselves,  as  well  as 
possible,  on  the  subject.  I  therefore  call  for  the  reading  of  the 
treaties  and  other  documents  alluded  to  in  the  paper  before  us. 

I  cast  an  eye  at  the  President  of  the  United  States.  I  saw  he 
wore  an  aspect  of  stern  displeasure. 

General  Knox  turned  up  some  of  the  acts  of  Congress,  and  the 
protests  of  one  Blount,  agent  for  North  Carolina. 

Mr.  Lee  rose  and  named  a  particular  treaty,  which  he  wished 
read. 

The  business  labored  with  the  Senate.  There  appeared  an  evident 
reluctance  to  proceed.  The  first  article  was  about  the  Cherokees. 
It  was  hinted  that  the  person  j  tist  come  from  there  might  have  more 
information.  The  President  of  the  United  States  rose — said  he  had 
no  objection  to  that  article  being  postponed,  and  in  the  meantime 
he  would  see  the  messenger. 

The  second  article,  which  was  about  the  Chickasaws  and  Choc- 
taws,  was  likewise  postponed. 

The  third  article  more  immediately  concerned  Georgia  and  the 
Creeks. 

Mr.  Gunn,  from  Georgia,  moved  that  this  be  postponed  till  Mon- 
day. He  was  seconded  by  Few.  General  Knox  was  asked  when 
General  Lincoln  would  be  here  on  his  way  to  Georgia.  He  an- 
swered not  until  Saturday  next.  The  whole  House  seemed  against 
Gunn  and  Few. 

I  rose, and  said:  When  I  considered  the  newness  and  importance 
of  the  subject — that  one  article  had  already  been  postponed — that 


124  SKETCHES  OF  DEBATES 

General  Lincoln,  the  first  named  of  the  commissioners,  would  not 
be  here  for  a  week ;  the  deep  interest  Georgia  had  in  this  affair,  I 
could  not  think  it  improper  that  the  Senators  from  that  State  should 
be  indulged  in  a  postponement  until  Monday,  and  more  especially 
as  I  had  not  heard  any  inconvenience  pointed  out  that  could  possi- 
bly flow  from  it. 

The  question  was  put,  and  actually  carried.  But  Ellsworth  im- 
mediately began  a  long  discourse "  on  the  merits  of  the  business. 
He  was  answered  by  Lee,  who  appealed  to  the  constitution  with  re- 
gard to  the  power  of  making  war. 

Butler  and  Izard  answered,  and  Mr.  Morris  at  last  informed  the 
disputants  that  they  were  debating  on  a  subject  that  was  actually 
postponed.  Mr.  Adams  denied,  in  the  face  of  the  House,  that  it 
had  been  postponed.  This  very  trick  has  been  played  by  him  and 
his  New  Englandmen  more  than  once.  The  question  was,  however, 
put  a  second  time,  and  carried. 

I  had,  at  an  early  stage  of  the  business,  whispered  Mr.  Morris 
that,  I  thought,  the  best  way  to  conduct  the  business  was  to  have 
all  the  papers  committed.  My  reasons  were  that  I  saw  no  chance 
of  a  fair  investigation  of  subjects  while  the  President  of  the  United 
States  sat  there,  with  his  Secretary  of  War  to  support  his  opinions, 
and  overawe  the  timid  and  neutral  part  of  the  Senate.  Mr.  Morris 
hastily  rose,  and  moved  that  the  papers  communicated  to  the  Sen- 
ate by  the  President  of  the  United  States  should  be  referred  to  a 
committee  of  five,  to  report  as  soon  as  might  be  on  them.  He  was 
seconded  by  Mr.  Gunn. 

Several  members  grumbled  some  objections.  Mr.  Butler  rose. 
Made  a  lengthy  speech  against  commitment.  Said  we  were  acting 
as  a  council.  No  council  ever  committed  anything.  Committees 
were  an  improper  mode  of  doing  business.  It  threw  business  out 
of  the  hands  of  the  many  into  the  hands  of  the  few,  &c.,  &c. 

I  rose,  and  supported  the  mode  of  doing  business  by  committees. 
That  committees  were  used  in  all  public  deliberative  bodies,  &c.,  &c. 
I  thought  I  did  the  subject  justice,  but  concluded  the  commitment 
cannot  be  attended  with  any  possible  inconvenience.  Some  articles 
are  already  postponed  until  Monday.  Whoever  the  committee  are, 
if  committed,  they  must  make  their  report  on  Monday  morning. 

I  spoke  through  the  whole  in  a  low  tone  of  voice.  Peevishness 
itself,  I  think,  could  not  have  taken  offense  at  anything  I  said. 

As  I  sat  down,  the  President  of  the  United  States  started  up  in 
a  violent  fret.  This  defeats  every  purpose  of  my  coining  here, 
were  the  first  words  that  he  said.  He  then  went  on  that  he  had 
brought  his  Secretary  at  War  with  him  to  give  every  necessary  in- 


IN  TIN-:  FIIIST  SKXATK  OF  TIM-:  r\rn:n  STATKS. 

formation.  That  the  Secretary  knew  all  about  the  business,  and 
yet  he  was  delayed,  and  could  not  go  on  with  the  matter.  He 
cooled,  however,  by  degrees.  Said  he  had  no  objection  to  putting 
off  this  matter  until  Monday,  but  declared  he  did  not  understand 
the  matter  of  commitment.  He  might  be  delayed.  He  could  not 
tell  how  long. 

He  rose  a  second  time,  and  said  he  had  no  objection  to  postpone- 
ment until  Monday  at  ten  o'clock.  By  the  looks  of  the  Senate,  this 
seemed  agreed  to.  A  pause  for  sometime  ensued.  We  waited  for 
him  to  withdraw.  He  did  so,  with  a  discontented  air.  Had  it  been 
any  other  than  the  man  who  I  wish  to  regard  as  the  first  character 
in  the  world,  I  would  have  said,  with  sullen  dignit}r. 

The  Senate  Journal,  under  date  of  Monday,  August  %4i  is  to  this 
effect : 

The  Senate  was  to-day  wholly  engaged  in  executive  business. 

The  President  of  the  United  States  being  present  in  the  Senate 
Chamber,  attended  by  Gen.  Knox,  the  Senate  resumed  the  consid- 
eration of  the  state  of  facts  and  questions  thereto  annexed,  laid  be- 
fore them  by  the  President  of  the  United  States,  on  Saturday  last. 
And  the  first  question  (repeating  it)  being  put,  was  answered  in  the 
negative.  The  third  question  (repeating  it)  was  wholly  answered  in 
the  affirmative — and  it  proceeds  to  state  the  result  as  to  the  several 
propositions  before  submitted. 

The  journal  of  Mr.  Maclay,  under  the  same  date,  of  Monday,  24th 
August,  is  to  this  effect : 

The  Senate  met.  The  President  of  the  United  States  soon  took 
his  seat,  and  the  business  began.  The  President  wore  a  different 
aspect  from  what  he  did  on  Saturday.  He  was  placid  and  serene, 
and  manifested  a  spirit  of  accommodation.  Declared  his  consent 
that  his  questions  should  be  amended.  A  tedious  debate  took  place 
on  the  third  article.  I  was  called  on  by  Mr.  Lee,  of  Virginia,  to 
state  something  respecting  the  treaty  held  by  Pennsylvania.  This 
brought  me  up.  I  did  not  speak  long,  but  endeavored  to  be  as 
pointed  as  possible.  The  third  article  consisted  of  two  questions. 
The  first  I  was  for,  I  disliked  the  second,  but  both  were  carried. 

The  fourth  article  consisted  of  sundry  questions.  I  moved 
pointedly  for  a  division.  Got  it.  Yoted  for  the  first,  and  opposed 
the  second  part.  A  long  debate  ensued,  which  was  likely  to  end 
only  in  words.  I  moved  to  have  the  words  in  failure  thereof  by 
the  United  States,  struck  out,  and  although  Ellsworth,  WyngMtc, 
and  Daltoii  had  spoke  on  the  same  side  with  me,  yet  I  was  not 
seconded.  Mv  colleague  had  iu  private  declared  himself  of  my 
opinion,  also.  It  was  an  engagement  that  the  United  States  would 


126  SKETCHES  OF  DEBATES 

pay  the  stipulated  purchase  money  for  Georgia,  in  case  Georgia 
did  not.  The  arguments  I  used  on  this  subject  were  so  plain,  I 
need  not  set  them  down.  Yet  a  shamefacedness,  or  I  know  not 
what 5  flowing  from  the  presence  of  the  President,  kept  everybody 
silent. 

The  next  clause  was  for  a  free  port  on  the  Altamaha  or  St. 
Mary's  river.  This  produced  some  debate,  and  the  President  pro- 
posed secure  port  in  place  of  free  port.  Agreed  to. 

Now  followed  something  of  giving  the  Indians  commissions,  on 
their  taking  the  oaths  to  Government.  It  was  a  silly  affair,  but  it 
was  carried  without  any  debate. 

Now  followed  a  clause,  whether  the  cession  of  lands  should  be 
made  an  ultimatum  with  the  Creeks.  There  was  an  alternative  in 
case  this  should  be  negatived  ;  but,  strange  to  tell,  the  Senate  neg- 
atived both,  when  it  was  plain  one  only  should  have  been  so. 

A  boundary  was  named  by  a  following  clause  which  the  commis- 
sioners were  to  adhere  to.  Mone}r  and  honorary  commissions  to 
be  given  to  the  Indians.  The  old  treaty  with  the  Creeks,  Choctaws, 
and  Chickasaws,  made  the  basis  of  the.  future  treaty,  though  none 
of  them  were  read  to  us,  nor  a  single  principle  of  them  explained, 
(but  it  was  late.)  The  twenty  thousand  dollars  applied  to  this 
treaty,  if  necessary.  This  closed  the  business.  The  President  of 
the  United  States  withdrew,  and  the  Senate  adjourned. 

Just  as  the  Senate  had  fairly  entered  on  business,  I  was  called 
out  by  the  door-keeper  to  speak  to  Col.  Humphreys.  It  was  to  in- 
vite me  to  dinner  with  the  President,  on  Thursday  next,  at  four 
o'clock.  I  really  was  surprised  at  the  invitation.  It  will  be  nry 
duty  to  go ;  however,  I  will  make  no  inferences  whatever.  I  am 
convinced  all  the  dinners  he  can  now  give,  or  ever  could,  will  make 
no  difference  in  my  conduct.  Perhaps  he  knew  not  of  my  being  in 
town.  Perhaps  he  has  changed  his  mind  of  me.  I  was  long  enough 
in  town,  however,  before  my  going  home.  It  is  a  thing,  of  course, 
and  of  no  consequence  ;  nor  shall  it  have  any  with  me. 

\/' 

Relative  to  the  Permanent  Residence  of  Congress. 

The  journal  proceeds : 

Tuesday,  25th  August.  Attended  at  the  usual  hour.  On  Satur- 
day I  had  proposed  to  Mr»  Morris  to  bring  forward  all  the  places 
which  had  been  mentioned  for  the  permanent  residence  of  Congress, 
at  one  time.  He  answered,  rather  roughly:  "Let  those  that  are 
fond  of  them,  bring  them  forward  ;  I  will  bring  forward  the  falls 
of  Delaware." 

Accordingly,  although  the  President  was  every  moment  looked 
for,  he  presented  the  draught  of  the  falls  to  the  Chair. 


Ix  TIIK  FIIIST  SKXATK  OF  TIIK  I'MTKD  STATES.       1*27 

Yesterday  I  could  do  nothing  for  the  attendance  of  the  Presi- 
dent. This  morning,  however,  I  took  the  first  opportunity  and  pre- 
sented the  draught  with  the  description  of  Lancaster.  I  nominated 
Wright's  Ferry,  Yorktown,  Carlisle,  Harrisburg,  Reading,  and  Ger- 
man! own,  giving  a  short  description  of  each. 

After  this  the  coasting  bill  was  taken  up,  and  read  the  third  time. 
Then  the  resolution  for  adjourning  the  22d  September.  A  debate 
ensued,  but  was  carried. 

The  amendments  to  the  Constitution  sent  from  the  House  of  Rep- 
resentatives. They  were  treated  contemptuously  by  Izard,  Langdon, 
and  Mr.  ."Morris.  Izard  moved  they  should  be  postponed  till  next 
session.  Langdon  seconded,  and  Mr.  Morris  got  up  and  spoke 
angrily,  but  not  well.  They,  however,  lost  their  motion,  and  Monday 
was  assigned  for  taking  them  up. 

Now  came  the  Compensation  bill. 

I  moved  the  wages  to  be  five  dollars  per  day.  I  was  seconded 
by  Klmer ;  but,  on  the  question,  only  he,  Wingate,  and  myself,  rose. 
Mr.  Morris  almost  raged;  and  in  his  reply  to  me  said  he  cared  not 
for  the  arts  people  used  to  ingratiate  themselves  with  the  public. 

In  reply,  I  answered  that  I  had  avowed  all  my  motives.  I  knew 
the  public  mind  to  be  discontented.  I  thought  it  our  duty  to  attend 
to  the  voice  of  the  public.  I  had  been  informed  that  the  average 
of  the  wages  of  the  old  members  of  Congress  was  a  little  better 
tjian  five  dollars  per  diem.  I  wished  to  establish  this  as  a  principle. 
I  would  then  have  data  to  fix  a  price  on,  as  the  old  wages  were  never 
complained  of. 

Morris,  Izard,  and  Butler  were  in  a  violent  chaff.  Mr.  Morris 
moved  that  the  pay  of  the  Senators  should  be  eight  dollars  per  day. 

Up  now  rose  Izard — said  that  members  of  the  Senate  went  to 
boarding-houses,  lodged  in  holes  and  corners,  associated  with  im- 
proper company,  and  conversed  improperly,  so  as  to  lower  their 
dignity  and  character  ;  that  the  delegates  from  South  Carolina  used 
to  have  £600  sterling  per  year,  and  could  live  like  gentlemen,  &c. 

Butler  rose — said  a  great  deal  of  stuff  of  the  same  kind  ;  that  a 
member  of  the  Senate  should  not  only  have  a  handsome  income, 
but  should  spend  it  all.  He  was  happy  enough  to  look  down  on 
these  things — he  could  despise  them ;  but  it  was  scandalous  for  a 
member  of  Congress  to  take  any  of  his  wages  home — he  should 
rather  give  it  to  the  poor,  &<•.,  A:e. 

Mr.  Morris  likewise  paid  himself  some  compliments  on  his  man- 
ner and  conduct  in  life,  his  disregard  of  money,  and  the  little  re- 
spect lie  paid  to  the  common  opinions  of  people. 

M  r.  King  got  up.     Said  the  matter  seemed  of  a  delicate  nature, 


128  SKETCHES  OF  DEBATES 

and  moved  a  committee  to  whom  the  bill  might  be  referred.  This 
obtained,  and  a  committee  of  five  were  appointed.  By  the  com- 
plexion of  the  committee,  it  would  seem  the  Senate  want  to  have 
their  wages  enlarged. 

August  26.  Attended  the  Senate.  The  minutes  were  lengthy, 
but  I  was  surprised  to  find  no  notice  taken  of  my  presenting  the 
draft  of  Lancaster,  the  letter,  and  my  nomination  of  the  other 
places  in  Pennsylvania,  although  I  had  put  in  writing  the  whole 
matter,  and  given  it  to  the  Secretary.  When  he  had  read  about 
half  way  of  his  minutes,  I  rose,  and  called  on  him  to  know  why  he 
had  not  inserted  them.  He  said  he  was  not  come  to  them,  but 
seemed  much  confused.  He,  however,  got  the  letter,  and  handed 
it  to  the  President  to  read  it,  and  it  was  read.  After  this,  the  nom- 
ination was  read,  and  Butler  opposed  their  being  put  on  the  min- 
utes. I,  however,  had  a  vote  for  their  going  on. 

The  penal  law  was  taken  up.  Ellsworth  had  a  string  of  amend- 
ments. For  a  while  he  was  listened  to,  but  he  wrought  himself  so 
deep  in  his  niceties  and  distinctions  as  to  be  absolutely  incompre- 
hensible. He  fairly  tired  the  Senate,  and  was  laughed  at. 

I  forgot  to  minute  yesterday  that  the  Treasury  bill  was  taken  up. 

A  number  of  the  Senate  had  recanted  again  on  this  bill,  and  were 
against  the  power  of  the  President's  removing,  and  had  answered 
accordingly.  The  House  of  Representatives  sent  us  up  an  adher- 
ence, and  now  Mr.  Morris  proposed  to  me  to  leave  the  House.  I 
would  neither  do  this,  nor  change  my  mind,  and  he  was  angry. 
This  was  before  we  had  the  difference  on  the  compensation  bill. 

The  Permanent  Residence. 

Last  night  there  was  a  meeting  of  the  Pennsylvania  delegation 
on  the  subject  of  fixing  the  permanent  residence.  There  was  little 
of  consequence  said.  They  mentioned  their  former  agreement  to 
vote  for  every  place  that  should  be  nominated  in  Pennsylvania. 
Clymer  said  some  things  that  savored  more  of  independence  than 
any  of  them.  Scott  declared  he  would  put  himself  entirely  in  their 
hands,  and  move  anything  that  should  be  agreed  on.  Mr.  Clymer 
declared  for  the  Potomac  rather  than  stay  here.  I  understood  him 
that  he  thought  this  politically  right.  Fitzsimmons  and  the  Speaker 
seemed  to  second  everything  that  Mr.  Morris  said.  Hartley  was 
for  Susquehanna  and  Yorktown.  But,  indeed,  I  think  the  whole 
measure  likely  to  be  abortive.  They  have  brought  the  matter  for- 
ward, but  have  no  system.  I  saw  this,  but  did  not  hazard  a  single 
sentiment  on  the  subject.  Indeed,  I  could  not,  without  implying 
some  kind  of  censure. 

I  called  this  morning,  and  endeavored  to  put  Mr.  Scott  011  tenable 


Ix  THE  FIRST  SENATE  OF  THE  UNITED  STATKS.    129 

ground  on  the  affair  of  removal,  and  left  him  in  a  proper  way  of 
thinking.  At  least,  if  he  should  be  defeated,  to  advance  nothing 
but  what  is  defensible. 

Thursday,  27th  August.  The  business  in  the  Senate  wfis  the 
third  reading  of  the  penal  bill.  We  had  but  little  debate  until  we 
came  to  a  clause  making  it  highly  criminal  to  defame  a  foreign 
minister.  Here  Izard,  King,  and  Johnson  made  a  great  noise  for 
the  paragraph.  Mr.  Adams  could  not  sit  still  in  his  chair.  It  was 
a  subject  of  etiquette  and  ceremony.  Two  or  three  times  did  his 
impatience  raise  him  to  talk  in  a  most  trifling  manner.  However. 
it  did  not  avail.  The  paragraph  was  lost. 

Mr.  Morris  could  not  sit  one  moment  with  us — the  subject  of  the 
permanent  residence  was  in  agitation  in  the  other  House.  To  tell 
the  truth,  Mr.  Morris'  whole  attention  seems  bent  to  one  object,  to 
get  the  Federal  residence  to  Trenton.  Mr.  Scott  (agreeable  to 
what  had  been  settled  this  morning)  brought  in  a  motion  to  the 
following  effect :  That  a  place  ought  to  be  fixed  for  the  permanent 
residence  of  the  general  Government  as  near  the  center  of  popula- 
tion, wealth,  and  extent  of  territory,  as  is  consistent  with  the  con- 
venience of  the  Atlantic  navigation,  having,  also,  a  due  regard  to 
the  Western  Territory ;  and  concluded  that  Thursday  next  be  as- 
signed for  taking  it  up.  This  was  carried. 

Senate  adjourned  early.  At  a  little  after  four,  I  called  on  Mr. 
Bassett,  of  the  Delaware  State.  We  went  to  the  President's,  to 
dinner. 

Dinner  with  the  President. 

The  company  were  :  President  and  Mrs.  Washington,  Vice  Presi- 
dent and  Mrs.  Adams,  the  Governor  and  his  wife,  Mr.  Jay  and  wife, 
Mr.  Langdon  and  wife,  Mr.  Dalton  and  a  lady,  perhaps  his  wife, 
and  Mr.  Smith,  Bassett,  myself,  Lear  and  Lewis,  the  President's 
two  secretaries.  The  President  and  Mrs.  Washington  sat  opposite 
each  other,  in  the  middle  of  the  table.  The  two  secretaries,  one  at 
each  end.  It  was  a  great  dinner,  and  the  best  of  the  kind  ever  I 
was  at.  The  room,  however,  was  disagreeably  warm.  First,  was 
soup;  fish,  roasted  and  boiled;  meats — gammon,  fowls,  &c.  This 
was  the  dinner.  The  middle  of  the  table  was  garnished  in  the 
usual  tast}>-  way,  witli  small  images,  flowers,  (artificial,)  &c. 

The  desert  was  first  apple  pies,  puddings,  &c. ;  then  iced  creams, 
jellies,  &c. ;  then  water-melons  musk-melons,  apples,  peaches,  nuts. 

It  was  the  most  solemn  dinner  ever  I  sat  at.  Not  an  health 
drank — scarce  a  word  said,  until  the  cloth  was  taken  away.  Then 
the  President,  taking  a  glass  of  wine,  with  great  formality,  dr:mk 
to  the  health  of  every  individual,  by  name,  round  the  table.  Every- 
body imitated  him — charged  glasses  ;  and  such  a  buzz  of  health,  sir, 
9 


130  SKETCHES  OF  DEBATES 

and  health,  madam,  and  thank  you,  sir,  and  thank  you  madam,  never 
had  I  heard  before.  Indeed,  I  had  like  to  have  been  thrown  out  in 
the  hurry  ;  but  I  got  a  little  wine  in  my  glass,  and  passed  the  cere- 
mony. 

The  ladies  sat  a  good  while,  and  the  bottles  passed  about — but 
there  was  a  dead  silence  almost.  Mrs.  Washington  at  last  withdrew 
with  the  ladies.  I  expected  the  men  would  now  begin,  but  the  same 
stillness  remained.  The  President  told  of  a  New  England  clergy- 
man, who  had  lost  a  hat  and  wig  in  passing  a  river  called  the 
Brunks.  He  smiled,  and  everybody  else  laughed.  He  now  and 
then  said  a  sentence  or  two  on  some  common  subject,  and  what  he 

said  was  not  amiss There  was  a  Mr.  Smith,  who 

mentioned  how  Homer  described  JEneas  leaving  his  wife  and  car- 
rying his  father  out  of  naming  Troy.  He  had  heard  somebody  (I 
suppose)  witty  on  the  occasion  ;  but  if  he  had  ever  read  it  he  would 
have  said  Virgil.  The  President  kept  a  fork  in  his  hand,  when  the 
cloth  was  taken  away,  I  thought  for  the  purpose  of  picking  nuts. 
He  eat  no  nuts,  but  played  with  the  fork,  striking  on  the  edge  of 
the  table  with  it.  We  did  not  sit  long  after  the  ladies  retired.  The 
President  rose,  went  up  stairs  to  drink  coffee — the  company  fol- 
lowed. I  took  my  hat,  and  came  home. 

August  28.  There  was  a  meeting  of  the  Pennsylvania  delegation, 
at  the  lodgings  of  Clymer  and  Fitzsimmons.  I  did  not  hear  of  it 
until  I  came  to  the  Hall;  but  I  hastened  there.  The  Chief  Justice 
of  Pennsylvania  and  Mr.  Pettit  attended,  with  a  memorial  from  the 
public  creditors.  Their  business  was  soon  done,  as  we  promised  to 
present  it  in  both  Houses. 

But  it  seems  there  was  a  further  design  in  this  meeting.  Mr. 
Morris  attended  to  deliver  proposals  from  Mr.  Hamilton,  on  the 
part  of  the  New  England  men,  &c.,  &c.  Now,  after  the  eastern 
members  have  deserted  the  Pennsylvanians,  they  would  come  for- 
ward with  proposals  through  Mr.  Hamilton.  This  same  Mr.  Mor- 
ris is  as  easily  duped  as  another. 

I  spoke  early,  and  declared  that  now  the  New  England  men  find 
their  deceitfulness  has  not  availed  them ;  and  yet  they  wish  to  try 
their  arts  a  second  time — that  their  only  view  was  to  get  a  negotia- 
tion on  foot  between  them  and  the  Pennsylvanians,  that  they  might 
break  the  connection  that  is  begun  between  the  Pennsylvanians  and 
the  Southern  people. 

I  was  extremely  happy  to  find  this  sentiment  pervade  the  Penn- 
sylvanians.   Mr.  Morris  labored  in  vain,  and  his  chagrin  was  visible. 
We  came  from  the  hall.     In  coming  up  Broad  street,  Mr.  Mor- 
ris declared  he  would  oppose  the  Susquehanna  as  the  permanent 


Ix  THE  FIRST  SKNATK  OF  TIM-:  UMTKD  STATES.       131 

residence,  for  it  was  unfavorable  to  commerce.  He  observed  me, 
and  added,  as  far  as  he  could  consistent  with  the  engagements  he 
had  come  under  to  the  delegation.  I  need  no  such  declaration  of 
his  to  fix  my  opinion  of  his  conduct;  he  has  had  no  other  object  in 
view,  but  the  Falls  of  Delaware,  since  he  has  been  a  Senator — at 
least  this  has  been  his  governing  object. 

Attended  at  the  Hall;   and  now  the  report  of  the  committee  on 
the  compensation  bill  was  taken  up. 

As  I  knew  there  was  a  dead  majority  against  everything  I  could 
propose,  I  had  determined  not  to  say  a  word ;  but  flesh  and  blood 
could  not  boar  them.  The  doctrine  seemed  to  be  that  all  worth  was 
wealth;  and  all  dignity  of  character  consisted  in  expensive  living. 
Izard,  Butler,  King,  Morris,  led  boldly.  They  were  followed  by  the 
bulk  of  the  Senate,  at  least  in  the  way  of  voting.  Mr.  Carroll,  of 
Maryland,  though  the  richest  man  in  the  Union,  was  not  with  them. 
I  did  not  speak  long ;  and  enraged  as  I  was  at  such  doctrines,  I 
am  sure  1  did  not  speak  well.  I  endeavored  to  show  what  the  true 
dignity  of  character  of  individuals  consisted  in,  as  well  as  of  the 
assembled  Senate.  And  then,  turning,  showed  that  extravagant 
expense,  haughty  and  distant  carriage,  with  contemptuous  behavior 
to  the  mass  of  mankind,  had  a  direct  contrary  effect;  that, in  short, 
mankind  were  not  esteemed  in  the  ratio  of  their  wealth,  and  that  it 
was  in  vain  for  the  Senate  to  attempt  acquiring  dignity  or  conse- 
quence in  that  way;  that  I  was  totally  against  all  discrimination, 
(meaning  between  the  Senators  and  Representatives  as  to  pay;) 
that  we  were  all  equally  servants  of  the  public;  that  if  there  really 
was  any  difference  in  dignity,  as  some  had  contended,  it  could  not 
be  increased  by  any  act  or  assumption  of  ours — it  must  be  derived 
from  the  Constitution',  which  afforded,  in  my  opinion,  no  authority 
for  such  distinction. 

Ellsworth  seemed  to  aim  at  a  kind  of  middle  course — said  he 
agreed  there  was  a  difference  in  dignity,  &c.;  but  at  present  was 
against  any  difference  in  pay. 

Mr.  Adams  was  too  impatient  to  keep  his  seat.  Dignities,  dis- 
tinctions, titles,  &c.,  are  his  hobby  horses.  Three  times  did  he  in- 
terrupt Ellsworth.  He  asked  him  if  the  dignity  of  Senate  was  to 
be  settled  by  the  people  ?  If  the  old  Congress  had  not  degenerated 
for  want  of  sufficient  pay?  When  Ellsworth  said  the  House  of 
Lords  in  Britain  had  no  pay,  he  hastily  rose  and  said  a  seat  in  the 
House  of  Lords  was  worth  £60,000  sterling  per  annum.  Ellsworth 
laid  a  trap  for  himself. 

Up  rose  Izard,  Lee,  and  others,  and  called  for  the  sense  of  the 
House,  on  the  principle  whether  there  should  be  a  discrimination 


132  SKETCHES  OF  DEBATES 

or  not.  It  was  in  vain  to  urge  that  this  was  out  of  order.  Lee 
said  it  was  a  division  of  the  clause.  I  mentioned  that  if  they  must 
have  such  a  question,  they  should  move  a  postponement.  It  was 
in  vain — either  way  they  would  have  this  question,  which  was  a 
leading  one.  Ellsworth  and  sundry  others,  who  had,  occasionally, 
hinted  something  of  the  superior  standing  of  the  Senate,  voted  with 
it.  The  yeas  and  nays  were  called.  Mr.  Ellsworth  now  took  the 
back  scent.  He  had  voted  for  a  discrimination,  but  had  repeatedly 
in  his  former  arguments  mentioned  six  dollars  as  enough  for  the 
Senate.  To  be  consistent,  he  moved  the  pay  of  the  Representatives 
should  be  five  dollars,  and  mentioned  my  principle  of  the  average 
of  the  pay,  which,  he  said,  applied  well  to  the  Representatives. 

I  rose  and  mentioned  that  this  was  the  sum  I  aimed  at  for  both 
Houses.  But  if  this  was  carried,  and  the  Senate  stood  at  six,  we 
who  had  voted  against  a  discrimination,  if  there  was  no  division  of 
the  House,  might  stand  in  an  odd  light  on  the  minutes. 

There  really  was  nothing  of  consequence  in  the  last  observation, 
and  it  was  not  very  well  founded ;  but  when  the  question  on  the 
five  dollars  was  taken  and  lost,  King  and  sundry  others  called  for 
the  yeas  and  nays,  with  an  avidity  that  I  had  never  observed  before. 
I  voted  against  the  clause,  as  I  did  against  every  other  clause  of 
the  bill. 

When  the  pay  of  the  Senators  came  forward,  in  the  next  clause, 
at  six  dollars,  I  rose  and  declared  I  did  not  wish  to  detain  the  Sen- 
ate ;  but  I  had  voted  against  a  discrimination  when  the  yeas  and 
nays  were  taken.  I  had  voted  a  pay  of  five  dollars  per  day  to  the 
Representatives.  This,  in  my  opinion,  was  sufficient  pay  for  the 
members  of  either  House.  The  yeas  and  nays  were,  likewise,  taken 
on  this  question.  Therefore  moved  that  six  dollars  should  be  struck 
out  and  five  inserted,  and  concluded  that  then  there  would  be  con- 
sistency in  my  votes.  I  had  voted  no  discrimination — I  had  voted 
for  five  dollars  to  the  Representatives ;  I  now  wished  to  have  my 
vote  for  five  dollars  to  the  Senators  on  the  minutes. 

Such  a  storm  of  abuse,  never,  perhaps,  fell  on  any  member.  It 
was  nonsense,  stupidity — it  was  a  misfortune  to  have  men  void  of 
understanding  in  the  House.  Izard,  King,  and  Mr.  Morris  said 
every  rude  thing  they  could.  I  did  not  retort  their  abuse  ;  but  still 
explained  the  consistency  of  my  motion.  I  stood  the  rage  and  in- 
sult of  the  bulk  of  the  House  for  what  appeared  to  me  an  hour  and 
an  half — but  it  was  not  half  so  much,  perhaps.  Izard  was  most  ve- 
hement that  no  such  motion  should  be  admitted.  It  was  foolish — 
it  was  nonsense — it  was  against  all  rule,  &c. ;  and  all  this  although 
there  never  was  a  fairer  or  plainer  motion  before  the  House. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      133 

It  was  in  vain  that  I  declared  I  did  not  begin  the  business  of  the 
yeas  and  nays.  It  was  in  vain  that  I  offered  to  withdraw  the  pres- 
ent motion,  if  all  the  yeas  and  nays  were  taken  off.  Izard  moved 
for  the  previous  question.  He  was  replied  to  that  this  would  not 
smother  the  motion.  When  abuse  and  insult  would  not  do,  then 
followed  entreaty.  We  adhered  to  the  motion,  and  had  the  yeas 
and  nays.  General  Schuyler  joined  us;  so  that  we  had  four. 

August  29,  1789.  The  House  having  adjourned  over  till  Mon- 
day, I  had  nothing  to  do.  I  wished  to  see  the  Pennsylvania  Repre- 
sentatives, and  went  to  the  Hall.  I  saw  Hartley,  and  exhorted  him 
against  entering  into  any  cabal  with  regard  to  the  residence.  That 
the  line  now  marked  out,  and  the  principles  laid  down  for  fixing  the 
Federal  residence,  were  broad,  open,  and  honorable,  and  such  as  any 
man  might .avow ;  and,  above  all,  cautioned  him  to  beware  of  the 
arts  and  devices  of  the  New  England  men.  He  took  it  kindly,  but 
did  not  seem  to  stand  in  need  of  any  such  caution.  A  moment 
after,  I  met  Mr.  Smith,  of  Maryland.  He  had  a  terrible  story,  and 
from  the  most  undoubted  authority.  A  contract  was  entered  into 
by  the  Virginians  and  Pennsylvanians  to  fix  the  permanent  residence 
on  the  Potomac,  right  or  wrong,  and  the  temporary  residence  was 
to  be  in  Philadelphia;  and  Clymer  and  Fitzsimmons  were  gone  to 
Philadelphia  to  reconcile  the  citizens  of  that  place  to  it.  I  an- 
swered I  knew  nothing  of  all  this.  I  doubt  it.  I  really  do  not  be- 
lievc  it.  So  far  as  respects  myself,  if  I  am  considered  as  included, 
I  know  it  to  be  false.  He  adhered  to  it  with  a  firmness  that  sur- 
prised me.  I  called  on  almost  all  the  Pennsylvanians  during  the 
course  of  the  day,  and  informed  them  of  the  tale.  They  all  dis- 
owned every  communication  whatever  in  the  way  of  contract  with 
the  representation  of  any  State.  I  called  on  Mr.  Smith  in  the 
evening.  Told  him  he  must  be  misinformed.  He  declared  he  had 
it  through  one  person  only — from  one  of  the  Pennsylvanians  them- 
selves. He,  however,  would  give  no  names.  I  told  him  be  that  as 
it  might,  I  believed  the  matter  to  be  groundless.  I  left  him,  having 
paid  more  attention  to  this  business  than,  perhaps,  it  merited. 

Had  a  card  to  dine  with  the  Vice  President  on  Friday.  Excused 
myself  on  account  of  my  health. 

September  1.  The  salary  bill  was  taken  up.  There  seemed  a  dis- 
position, in  a  number  of  the  Senators,  to  give  princely  incomes  to 
all  the  Federal  officers.  I  really  was  astonished.  Can  it  be  that 
they  wish  to  surround  the  President  with  a  set  of  lordly  and  pomp- 
ous officers,  and  thus  having  provided  the  furniture  of  a  court,  no- 
thing but  the  name  of  majesty,  highness,  or  some  such  title  will  be 
wanted  to  step  into  all  the  forms  of  royalty.  My  honorable  col- 


134  SKETCHES  OF  DEBATES 

league  seemed  particularly  attached  to  all  the  officers  of  the  Treas- 
ury. He  either  moved  or  seconded  motions  for  augmenting  the 
salaries  of  every  one  of  .them.  I  cannot,  however,  blame  him,  in 
particular.  He  was  more  decent  than  many  of  them.  The  avowed 
object  of  these  proposed  augmentations  was  to  enable  the  officers 
to  live  in  style,  to  keep  public  tables,  &c.  I  was  not  able  to  rise 
against  this  principle ;  but  Ellsworth  and  others  did  the  subject 
justice.  I  found  the  parties  so  nearly  balanced  that  my  vote  gen- 
erally decided  in  favor  of  the  lowest  sum.  This  made  me  sit  in  ex- 
treme pain  until  we  got  over  the  bill.  I  then  withdrew,  and  it  was 
really  with  difficulty  that  I  got  to  my  lodging.  Almost  every  mo- 
tion for  increasing  the  salaries  was  accompanied  with  a  declaration 
how  vastly  the  salary  was  below  the  dignity  of  the  office  ;  and  that 
they  moved  such  small  additions,  despairing  of  obtaining  greater 
from  the  House.  The  citizens  of  New  York,  where  it  is  expected 
their  salaries  will  be  spent,  and  I  realty  believe  the  candidates  them- 
selves are  busy,  and  perhaps  others,  too,  who  expect  favors  from 
the  officers. 

September  2.  I  cannot  attend  the  Hall.  Mr.  Morris  called  late 
in  the  evening.  By  him  I  find  advantage  was  taken  of  my  absence, 
and  a  reconsideration  was  moved,  and  an  addition  carried  to  some 
of  the  salaries,  (Adams  giving  the  casting  vote.) 

The  moderate  part  of  the  House  exclaimed  violently  against  the 
taking  this  advantage  of  my  absence,  and  obtained  a  poseponement 
of  the  bill  until  to-morrow.  But,  alas,  I  cannot  attend,  if  the  whole 

Union  were  at  stake. To  give  me  any  information  on  this 

subject  was  not,  however,  Mr.  Morris'  object:  There  has  been  a 
violent  schism  between  him  and  the  Pennsylvania  delegation,  or,  at 
least,  a  part  of  them.  He  begged  leave  to  give  me  the  whole  de- 
tail of  it.  It  was  long,  containing  the  first  engagements  at  the  City 
Tavern,  viz :  That  whatever  place  in  Pennsylvania  the  New  Eng- 
land men  should  name,  the  Pennsylvanians  should  vote  for  it.  That 
every  place  named  in  Pennsylvania  should  be  voted  for  by  the  whole 
delegation.  These  things  I  knew  not,  they  having  been  transacted 
while  I  was  absent.  But  what  I  well  knew  was  that,  when  Scott's 
motion  came  forward,  the  New  England  men,  instead  of  naming  the 
Falls  of  Delaware,  as  Mr.  Morris  expected,  this  being  the  point  to 
which  all  his  negotiations  with  Say,  Hamilton,  &c.,  tended,  were 
prepared  to  expose  the  Pennsylvanians,  and  ridicule  the  whole.  In 
this  critical  moment,  the  Virginians  stepped  into  the  support  of 
Scott's  motion  ;  rescued  the  Pennsylvanians  from  ridicule  ;  and  gave 
the  whole  a  serious  face.  In  this  state  were  matters  on  the  28th 
ultimo,  and  I  thought  then  that  all  negotiation  with  the  New  Eng- 


Ix  TIIK  FIKST  SKNATK  OF  TIIK  Uxi'i  KD  STATKS.       135 

land  men  was  at  an  end.  Indeed,  I  was  not  for  entering  into  any 
private  engagements  with  any  of  them.  My  constant  language  to 
the  delegation  was  :  You  are  on  tenable  ground.  Now,  keep  your- 
selves there.  Something  was,  however,  said,  as  we  parted  on  the 
28th,  if  the  New  England  men  have  anything  to  say,  it  must  come 
from  them.  Mr.  Morris  catched  this,  and  opened  a  negotiation  with 
them,  and  carried  matters  so  far  that  a  meeting  was  appointed  by 
Mr.  Morris  of  the  Pennsylvania  delegation  at  Clymer's  and  Fitz- 
simmon's  lodgings,  at  five  o'clock  yesterday  evening.  Mr.  Morris 
whispered  me  in  Senate  the  whole  business  is  settled,  and  you  must 
come  to  Clymer's  and  Fitzsimmon's  lodgings,  at  five  o'clock. 

On  quitting  the  Senate  chamber,  I  called  Scott  out  of  the  Repre- 
sentative chamber,  to  tell  him  to  apologize  to  the  meeting  for  my 
absence,  as  I  found  myself  scarcely  able  to  move  one  step.  All 
this  was  new  to  him.  He  said  if  any  agreement  was  made,  it  must 
be  with  the  Virginians.  I  saw  a  cloud  of  mystery  in  the  business, 
wished  to  attend,  and  parted  with  Scott,  telling  him  if  I  cannot 
attend,  I  will  send  an  apology  by  Mr.  Wynkoop.  I  could  not 
attend  ;  but  so  nobly  was  the  matter  managed,  that  while  Mr.  Mor- 
ris was  introducing  Mr.  Goodhue  and  Mr.  King,  on  the  part  of  the 
Eastern  States,  Mr.  Madison  was  introduced  on  the  part  of  Vir- 
ginia, or  introduced  himself.  There,  however,  he  was  ;  and  occupied 
a  room  down  stairs,  while  Goodhue  and  King  sat  with  Mr.  Morris 
up  stairs.  Messages  were  exchanged.  The  result  was,  that  Clymer, 
Fitzsimmons,  Hiester,  Scott,  and  the  Speaker,  declared  totally 
against  any  treaty  with  the  New  England  men.  Hartley  and  Wyn- 
koop declared  themselves  disengaged;  and  all  parties  departed. 
AVI int  Mr.  Morris  complains  most  bitterly  of,  is  that  Fitzsimmons 
should  permit  him  to  bring  the  New  England  men  to  his  lodging 
on  the  terms  of  treaty,  when  he  was  determined  against  treating 
with  them ;  and  that  there  should  be  any  terms  of  communication 
with  Madison  to  which  he  was  a  stranger. 

Mr.  Morris,  however,  has  not  quitted  the  game.  He  told  me  that 
all  the  New  England  men  and  York  delegation  were  now  met,  and 
they  would,  on  the  terms  of  the  original  proposals,  name  a  place  in 
Pennsylvania,  for  they  had  actually  agreed  on  one,  which  he  had 
no  doubt  was  the  Falls  of  Delaware,  (by  the  by,  I  doubt  it,)  and 
then  we  would  see  how  the  delegation  would  answer  it  to  their  con- 
stituents to  negative  a  place  in  Pennsylvania.  He  then  said  some- 
thing to  me  as  to  our  conduct  in  the  Senate.  I  said  I  thought  we 
had  better  come  under  no  engagements  to  any  of  them,  but  regulate 
our  conduct  on  the  principles  of  the  interest  of  our  State,  subordi- 
nate to  the  great  good  of  the  Union.  He  agreed  to  this,  and  took 


136  SKETCHES  OF  DEBATES 

his  leave.  And  now  we  shall  see  what  a  day  will  bring  forth.  The 
Virginia  terms  seem  to  be :  give  us  the  permanent  residence,  and 
we  will  give  Philadelphia  the  temporary  residence.  Mr.  Morris 
declared  a  vote  could  not  be  obtained  in  the  Senate  for  an  adjourn- 
ment to  Philadelphia. 

September  3.  Mr.  Wynkoop  went  early  to  a  meeting  of  the 
Pennsylvania  delegation.  They  were  staggered  at  the  thoughts  of 
voting,  in  the  first  instance,  for  a  place  out  of  the  State. 

The  business  came  on  in  the  House  of  Representatives.  Good- 
hue  took  the  lead.  And  here  I  could  give  an  advantageous  lecture 
on  scheming. 

The  mariner's  compass  has  thirty-two  points ;  the  political  one, 
perhaps  as  many  hundreds,  and  the  schemers  an  indefinite  number. 
And  yet  there  is  but  one  of  them  that  will  answer.  It  is  true  there 
were  not  so  many  points  in  the  present  case,  but  the  wind  came 
from  an  unexpected  quarter.  All  Mr.  Morris'  expectations  were 
blasted  in  a  moment,  for  Goodhue  moved  a  resolution  for  the  Sus- 
quehanna, as  the  sense  of  the  Eastern  States,  exclusive  of  New 
York. 

The  debate  was  long  and  tedious,  and  the  business  of  this  day 
ended  with  carrying  Scott's  motion.  Goodhues'  stands  until  to- 
morrow. 

September  3.  Ellsworth  popped  in  this  morning,  to  see  if  I  could 
not  possibly  attend  on  the  salary  bill ;  but  I  could  not. 

Mr.  Elmer  called  in  the  evening.  I  know  not  in  the  Senate  a 
man,  if  I  were  to  choose  a  friend,  on  whom  I  would  cast  the  eye 
of  confidence,  as  soon  as  on  this  little  doctor.  He  does  not  always 
vote  right,  and  so  I  think  of  every  man  who  differs  from  me;  but  I 
never  yet  saw  him  give  a  vote,  but  I  thought  I  could  observe  dis- 
interestedness in  his  countenance.  If  such  a  one  errs,  it  is  the  sin 
of  ignorance,  and  I  think  Heaven  has  pardons  ready  sealed  for 
every  one  of  them.  Behold,  0  God !  can  such  an  one  say,  the  ma- 
chine which  thou  hast  given  me  to  work  with,  faithfully  have  I 
played  its  powers  ?  If  the  result  has  been  error,  intentional  crimi- 
nality was  not  with  me. 

He  was  very  urgent  for  my  attendance  on  the  salary  bill ;  but 
seeing  the  state  of  my  knee,  readity  admitted  there  could  be  no  ex- 
pectation of  it. 

He  told  me  Mr.  Morris  was  exerting  his  utmost  address  in  en- 
gaging votes  against  the  Susquehanna — he  had  influence  with  the 
Jersey  members.  The  argument  was,  that  they  had  been  treated 
with  disrespect  in  not  having  been  consulted  when  the  York  and 
eastern  members  fixed  on  the  Susquehanna. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      137 

If  Mr.  Morris  really  expects  to  obtain  a  vote  for  the  Delaware, 
after  what  has  happened,  it  is  a  proof  how  far  interest  will  blind  a 
man.  But  I  do  not  believe  he  has  any  such  expectation.  His  de- 
sign must  be  to  ruin  the  Susquehanna  scheme,  and,  in  fact,  keep 
Congress  in  New  York.  I  have  heard  him  declare  it  ought  never 
to  be  any  where  but  in  Philadelphia  or  New  York.  Those  places 
suit  his  plans  of  commerce.  Nor  do  I  believe  he  ever  will  consent 
to  its  being  any  where  else,  unless  it  be  on  his  own  grounds  at  the 
Falls  of  the  Delaware. 

Sept.  4.  Goodhue's  motion  was  carried. 

Mr.  Morris  called  in  the  evening.  He  sat  a  long  time.  I  never 
saw  chagrin  more  visible  on  the  human  countenance.  "  Well,"  said 
lie,  "  1  suppose  yo.u  are  gratified."  I  really  was  vexed  to  see  him 
so  deeply  affected.  I  said,cooly,  "  I  could  not  be  dissatisfied."  He 
repeatedly  declared  he  would  vote  for  the  Susquehanna,  because  he 
had  said  so ;  but  he  would  do  everything  in  his  power  against  it. 
This  he  called  candor;  but  I  think  he  cannot  call  it  consistency.  It 
has  loii<»-  been  alleged  in  this  place  that  Mr.  Morris  governed  the 
Pennsylvania  delegation,  and  I  believe  this  idea  has  procured  Mr. 
Morris  uncommon  attention.  The  delusion  must  now  vanish.  He 
made  ;i  long  visit.  Mr.  Wynkoop  and  myself  said  everything  in 
our  power  to  soften  him,  and  we  seemed  to  gain  upon  him.  He 
mentioned,  with  apparent  regret,  some  rich  lands  in  the  Conestoga 
manor,  which  he  had  exchanged  with  John  Musser  for  lands  on  the 
Delaware. 

5th.  Worse — confined  mostty  to  bed.  Visited  by  sundry  gen- 
tlemen. Scott,  Hiester,  Fitzsimmons  called  in  the  evening.  The 
Susquehanna,  Potomac,  and  Delaware  in  every  mouth.  I  find  Mr. 
\Vynkoop  has  revived  his  hopes  of  the  Delaware.  He  said,  "If  we 
lose  the  Susquehanna,  then  it  will  be  fixed  at  the  Delaware."  I 
looked  hard  at  him — asked  if  he  had  seen  Mr.  Morris.  He  answered 
u  no,"  hesitatingly.  I  can  find  by  several  hints  this  day  that  there 
is  some  new  scheme  on  foot. 

September  6.  Yery  ill,  and  close  confined.  Izard  called  to  see 
me.  The  moment  I  saw  him  I  understood  that  he  came  on  a  scrut- 
inixing  errand.  I  made  no  mystery  of  anything  I  knew — told  him 
that  the  certain  effect  of  any  new  scheme  in  the  Yorkers  or  New 
Midland  men  would  most  infallibly  place  us  at  the  Potomac.  He 
repeatedly  mentioned  a  new  scheme  being  on  foot ;  but  I  could  not 
leai  n  what  it  was.  Mr.  Morris  is  in  close  connection  with  the  York- 
er-, and  communicates  everything  to  them. 

Mr.  ('lynier  called  on  me.  He  spoke  highly  in  favor  of  the  Sus- 
quehanna, as  being  the  most  favorable  position  in  the  State  for  the 


138  SKETCHES  OF  DEBATES 

benefit  of  Pennsylvania.  Blamed  Mr.  Morris  much — said  he  would 
yet  ruin  all.  In  the  evening,  the  Speaker  called.  He  speaks  more 
confidently  of  the  Susquehanna  than  any  of  them.  I  told  him  I  did 
not  like  the  adjournment,  when  the  question  was  ready  to  be  put, 
yesterday.  He  endeavored  to  account  for  this  ;  but  I  think  it 
bodes  ill. 

Monday.  I  am  still  very  ill.  This  day  was  the  trial  of  shift,  eva- 
sion, and  subterfuge,  in  the  House  of  Representatives ;  but  the 
Susquehanna  vote  was  carried,  by  a  majority  of  seven ;  and  Ames, 
Lawrence,  and  Clymer  appointed  a  committee  to  bring  in  a  bill. 
Close  confined,  and  very  ill.  Unable  to  get  information,  or  to  min- 
ute it  down  if  I  had  it. 

Tuesday  8.  Still  close  confined,  &c.  The  Speaker  called,  and 
gave  us  an  anecdote  of  Mr.  Madison,  which  seems  to  discover  some 
traits  of  the  less  amiable  in  his  character.  While  the  salary  of  the 
Governor  of  the  Western  Territory  was  before  the  House,  in  the 
first  stage  of  the  business,  Madison  had  supported  it  at  $2,500.  But 
during  the  Susquehanna  debate,  Mr.  Clymer,  seeing  Gov.  St.  Clair 
in  the  gallery,  addressed  a  note  to  him,  for  information.  The  Gov- 
ernor sent  back  an  answer  in  writing,  which  contradicted  the  posi- 
tion of  the  friends  of  the  Potomac.  This  day  Madison  moved  a 
reduction  of  five  hundred  dollars  from  his  salary. 

This  week  has  been  one  of  hard  jockeying  between  the  Senate  and 
House  of  Representatives.  The  Senate  insisted,  and  hard,  too,  for 
a  mark  of  superiority  in  their  pay.  It  was  a  trial  who  should  hold 
out  longest.  The  House  of  Representatives  gave  way,  more  especi- 
ally after  the  Senators  told  them,  that  if  you  want  your  pay,  send  us 
a  bill  for  yourselves  only,  and  we  will  pass  it.  I  really  wonder,  in  the 
temper  the  House  is  in,  that  they  had  not  done  it ;  but  they  were 
aware  that  the  majority  of  the  Senate  would  fly  from  this  proposal, 
as  I  believe  many  of  them  need  money  as  much  as  any  of  the  Rep- 
resentatives can  do.  It  was  a  trial  of  skill,  in  the  way  of  starva- 
tion; and  the  dignity  or  precedence,  or  call  it  what  you  will,  which 
could  not  be  gained  from  the  understanding  of  the  House  of  Rep- 
resentatives, was  extorted  from  their  pockets. 

I  have  been  visited  this  week  by  ....  Pennsylvanians,  and  by 
Doctor  Elmer  and  Wingate,  of  the  Senate. 

I  will  venture  but  one  remark  on  the  ....  of  the  permanent 
residence.  It  will,  however  be  rather  a  series  of  remarks. 

Neither  New  England  men  nor  Yorkers  are  sincere  about  moving 
from  this  place.  They  firmly  believe  the  whole  will  end  in  vapor. 
Mr.  Morris  is  to  destroy  the  Susquehanna  scheme  in  the  Senate,  if 
not  sooner,  in  order  to  bring  forward  the  Delaware.  This  he  will 


IN  Tin;  FMIST  SKXATJ-:  OF  THE  UNITED  STATES.      139 

do,  with  small  assistance  from  the  Yorkers,  l)y  engaging  the  Sen- 
ators of  Jersey  and  Delaware  ;  and,  this  being  done,  the  Delaware 
destroys  itself,  for  the  New  England  men  fall  to  pieces,  their  en- 
gagement having  only  been  for  the  Susquehanna.  These  arts  are 
likely  enough  to  succeed. 

Sunday,  13.  In  the  evening,  Mr.  Morris,  Mr.  Clymer,  and  Mr. 
Fitzsimmons  called  on  me.  I  thought  that  the  Susquehanna  had 
not  got  justice  done  in  the  arguments.  Spoke  long  on  this  subject 
to  possess  them  of  my  ideas  of  it.  All  the  talk  and  speculation 
about  the  Western  Territory  is  visionary.  Nothing  will  come  on  to 
the  Atlantic  rivers  from  the  western  waters.  If  it  should,  the  Sus- 
quehanna has  the  advantage  in  the  double  connection  by  Juniata 
and  the  West  Branch.  I  was  listened  to  throughout  with'apathy. 

Monday,  14th.  About  twelve  Mr.  Clymer  called  in — said  he  had 
a  letter  from  Reading  Howell,  with  important  explanation.  He  read 
part  of  it,  and  desired  I  would  draw  up  the  thoughts  I  had  expressed 
last  night,  that  a  publication  might  be  prepared  against  the  time  of 
taking  up  the  bill.  Dr.  Johnson  and  Mr.  Carroll  called  while  he 
was  in,  and  interrupted  us  a  little.  He  stayed  a  moment  after  them, 
and  said  he  would  call  early  to-morrow  morning,  that  we  might  set- 
tle on  something  for  publication.  I  confessed  plainly  to  him  the 
same  thoughts  which  I  minuted  on  Saturday  ;  but  he  said  Mr.  Mor- 
ris was  now  contented.  I  was  so  unwell  that  I  had  to  go  to  bed  ; 
and  here,  leaning  on  my  elbow,  I  arranged  something,  but  was 
greatly  at  a  loss  for  maps,  and  for  the  distances  on  the  Susquehanna 
and  Potomac,  beginning  at  tide  water,  to  Fort  Pitt,  so  that  what  I 
composed  was  with  blanks. 

Tuesday,  15th.  Between  ten  and  eleven  Mr.  Clymer,  Mr.  Fitz- 
simmons, and  Governor  St.  Clair  called.  I  read  what  I  had  pre- 
pared, and  it  seemed  to  give  satisfaction;  but  I  took  notes  of  sundry 
matters  from  them  to  be  inserted.  The  blanks  were,  however,  still 
open.  They  promised  to  furnish  these  distances  from  Mr.  Ames. 
This  was  done  after  I  had  finished  the  composition,  and  the  putting 
them  in  could  not  be  done  but  clumsily.  I  hastened  to  get  over 
the  business,  expecting  they  would  call  soon;  but  night  came  with- 
out my  hearing  from  them.  I  cannot  go  out,  and  there  is  a  listless- 
ness  in  all  our  Pennsylvanians  on  this  subject.  I  can  think  of  many 
things  which  I  would  have  done,  could  I  go  about,  which  must  now 
remain  undone. 

Wednesday,  10th.  To-morrow  the  bill  for  the  permanent  resi- 
dence is  to  be  taken  up,  and  yet  till  is  quiet  on  our  part..  .Mr. 
Wvnkoop  told  me  he  had  walked  a  long  time  opposite  Trinity 
church,  with  Mr.  C.  and  Mr.  F.,  and  that  they  had  spoke  of  me,  and 


140  SKETCHES  OF  DEBATES 

nothing  more.  He  offered  to  do  anything.  I  thought  of  Hartley. 
He  is  active,  and  will  be  in  earnest.  Mr.  Wynkoop  went  for  him. 
He  came,  and  I  put  the  paper  in  his  hands.  Mr.  Wynkoop  re- 
turned before  the  House  met,  told  me  Child  was  to  print  it,  and 
they  would  send  the  proof-sheet  to  me  for  correction. 

About  two  o'clock,  Mr.  Morris,  Mr.  King,  and  Mr.  Butler  called 
on  me.  The  talk  was  only  about  the  judiciary.  Mr.  Morris  said 
he  had  followed  Ellsworth  in  everything ;  if  it  was  wrong  he  would 
blame  Ellsworth.  King  said  he  had  never  had  an  opportunity  of 
judging  of  it.  I  censured  it  as  freely  as  ever. 

There  was  a  meeting  of  the  Pennsylvania  delegation  this  evening, 
to  regulate  their  conduct  respecting  the  part  they  would  act  about 
the  opening  of  the  Susquehanna.  They  agreed  to  wait  on  Smith 
and  Jeney  in  the  morning.  I  had  begged  Mr.  Wynkoop  that  they 
should  get  the  proof-sheet  and  correct  it ;  but  it  is  likety  they  would 
not  send  for  it.  The  printer's  boy,  however,  called  on  me,  and  I 
corrected  it.  I  can  find  that  Germantown  is  the  place  that  is  to  be 
played  against  the  Susquehanna.  I  had  hopes  that  this  opposition 
was  dropped.  I  believe  they  are  not  as  active  as  some  days  ago, 
but  lie  by,  fully  bent  to  take  all  advantages.  We  will  see  what  they 
will  do.  But  I  have  laid  it  down  as  the  only  sure  ground,  to  adhere 
to  the  Susquehanna. 

Thursday,  17th.  Some  people  are  so  hardy,  as  to  deny  that  the 
Susquehanna  affords  any  navigation  at  all.  Boudinot  is  one  of 
them.  I  wrote  to  Mr.  Burrell  to  furnish  an  extract  of  the  stores 
forwarded  on  the  Susquehanna  in  the  year  1779,  and  the  usual  load 
of  a  river  boat.  My  Wynkoop  went  to  him  with  the  letter.  He 
said  he  would  do  what  he  could,  but  rather  excused  himself.  I  sent 
some  information  to  Mr.  Ames,  by  Mr.  Wynkoop  ;  and  now  we  must 
see  what  they  will  do. 

The  day  is  rainy,  and  nobody  has  called.  About  dark  Parson 
Lynn  came  in.  Joy  was  in  his  countenance.  He  told  me  the  Mary- 
land condition  was  carried,  and  of  course  there  would  be  schism 
among  the  Pennsylvanians — that  Gerry  had  moved  for  the  Falls  of 
.Delaware,  instead  of  the  Susquehanna.  The  whole  of  what  he  said 
convinced  me  that  I  was  not  in  the  least  mistaken  as  to  the  meas- 
ures they  are  carrying  on.  The  Pennsylvanians  will  divide ;  the 
New  England  men  and  Yorkers  both  will  come  off  with  apparent 
honor,  and  Congress  remain  where  it  is.  Late  at  night,  in  comes 
Mr.  Wynkoop  in  higher  spirits  than  ever  I  saw  him.  It  is  all  over 
with  the  Susquehanna.  We  must  vote  against  it  now.  I  have  just 
come  from  Clymer  and  Fitzsimmons'  Todgings ;  they  are  of  the 
same  opinion;  and  now  for  the  Falls  of  Delaware.  The  Mary- 


IN  THE  FIII>T  SF.NATK  OF  TIN-:  I'NITKD  STATES.      141 

landers  have  carried  a  clause,  that  Pennsylvania  and  Maryland 
shall  consent,  to  the  satisfaction  of  the  President,  that  the  naviga- 
tion of  the  Susquehanna  shall  be  cleared,  but  not  at  their  expense. 
We  never  will  consent  to  la}'  our  State  under  any  restrictions. 
The  only  reply  I  made  was  :  So  then,  rather  than  consent  that  the 
navigation  of  the  Susquehanna  should  be  opened,  you  will  drive 
Congress  away  from  its  banks.  This  is  the  point  of  view  in  which 
it  will  be  considered,  and  in  which  you  must  expect  to  answer  for 
it. 

18th.  I  wished  to  see  some  of  our  Pennsylvanians.  Clymer  and 
Fitzsimmons  had  called  a  meeting  last  night,  in  order  to  make  them 
change  their  ground  and  vote  for  the  Falls  of  Delaware.  This  was 
the  intention  of  the  meeting,  from  what  Wynkoop  clearty  enough 
expressed.  I  wrote  a  note  to  Hartley,  but  he  came  in  just  as  I  was 
sealing  it.  He  was  in  a  high  rage  at  the  Philadelphians,  and  de- 
clared they  had  been  insincere  from  the  beginning.  He  seemed  to 
want  my  opinion.  I  gave  it  freely — to  adhere  firmly  to  the  ground 
that  had  been  taken,  and  support  the  bill  at  all  events.  I  had 
written  a  note  to  the  Speaker,  but  he  came  in  immediately  after  I 
had  sent  it  away.  He  seemed  clearly  in  sentiment  with  Hartley, 
and  gave  substantial  reasons  for  it.  He  said  an  absolute  agreement 
had  been  made  between  the  Pennsylvanians  on  one  part,  and  Smith 
and  Seney,  of  Maryland,  on  the  other,  that  the  Maryland  condition 
should  be  that  "  Pennsylvania  would  throw  no  impediment  in  the 
way  of  clearing  the  Susquehanna."  This  gave  entire  satisfaction 
to  Smith  and  Seney — was  to  have  been  brought  forward  by  the 
friends  of  the  Susquehanna,  and  Smith  and  Seney,  by  voting  for 
it,  would  have  carried  this  and  rejected  the  other  Maryland  condi- 
tion. But  Mr.  Fitzsimmons  broke  the  agreement  and  flew  off  yes- 
terday morning.  This,  of  course,  fixed  Smith  and  Seney  to  the 
exceptionable  condition  which  was  carried  by  means  of  their  votes. 
So  that  it  seems  as  if  Mr.  Fitzsimmons  wished  some  vote  to  be 
carried  that  would  furnish  him  and  others  with  a  pretext  for  break- 
ing off  from  the  Susquehanna ;  for  they  could  have  prevented  this 
Maryland  condition,  if  they  had  chosen  so  to  do. 

Further,  that  his  partner  in  Philadelphia  mixes  with  all  classes 
of  people ;  that  the  common  people  were  well  satisfied  with  Con- 
gress being  on  the  Susquehanna ;  but  of  late  he  could  hear  among 
the  leading  men  about  the  bank,  &c.,  many  opinions  and  predictions 
that  it  never  would  be  on  the  Susquehanna,  &c. 

I  think  it' no  unfair  conclusion  to  say  that  Philadelphia  spite  hath 
done  this,  although  it  be  the  act  of  but  a  few  individuals  in  th:it 
place.  I  can  n<»v  clearly  account  for  the  listlessness  and  apatliv  of 


142  SKETCHES  OF  DEBATES 

some  persons  respecting  the  Susquehaniia.  Indeed,  it  is  question- 
able whether  the  late  application  to  me  was  anything  more  than  a 
blind  to  cover  their  intended  defection. 

By  this  and  yesterday's  papers,  France  seems  travailing  in  the 
birth  of  freedom.  Her  throes  and  pangs  of  labor  are  violent.  God 
gave  her  an  happ3T  delivery.  Royalty,  nobility,  and  the  vile 
pageantry  by  which  a  few  of  the  human  race  lorded  it  over,  and 
trod  on,  the  necks  of  their  fellow  mortals  seem  likely  to  be  demol- 
ished with  their  kindred  Bastile,  which  is  said  to  be  laid  in  ashes. 
With  what  indignation  do  I  review  the  late  attempt  of  some  among 
us  to  revive  the  vile  machinery. 

This  evening  the  Speaker  called.  He  repeated  the  whole  of  what 
he  had  told  me  in  the  morning,  in  the  presence  of  Mr.  Wynkoop. 
Said  he  did  not  know  what  to  make  of  men  who  agreed  to  a  thing 
over  night,  and  denied  it  in  the  morning.  Fitzsimmons  and  Clymer 
were  tired  of  the  Susquehanna,  &c.,  &c. 

September  19.  This  morning,  Colonel  Hartley's  son  called  on  me 
with  a  note,  and  showed  me  the  copy  of  a  letter  which  the  Colonel 
had  written  to  Clymer  and  Fitzsimmons.  He  called  on  them  for 
an  adherence  to  their  former  tenor  of  conduct  respecting  the  Sus- 
quehanna, and  plainly  declared  that  their  defection  now  would  be 
considered  as  a  proof  of  their  insincerity  from  the  beginning.  I 
am  unwilling  there  should  be  any  schism  among  the  Pennsylvania 
representatives.  Perhaps,  this  letter  may  lay  the  foundation  of  it. 
Perhaps,  it  may  have  the  contrary  effect.  It  is,  however,  done 
without  the  advice  of  any  person,  and  we  are  left  to  attend  to  the 
event. 

I  have  wished  much  to  have  seen  Clymer  and  Fitzsimmons,  for 
some  days  past.  I  dropped  distant  hints  of  this  often  to  Mr.  Wyn- 
koop. This  had  no  effect — I  could  not  justify  myself  in  sending  for 
them.  However,  I  know  not  if  I  could  have  any  influence  with 
them,  and  I  know  that  Wynkoop  carries,  faithfully,  every  word 
which  I  say,  to  them.  Dr.  Franklin  says  the  world  will  do  its  own 
business.  I  must  let  it  do  so  on  this  occasion,  for  my  lame  knees 
will  not  let  me  help  it. 

Had  a  note  from  Col.  Hartley.  The  permanent  (residence)  busi- 
ness is  put  off  until  Wednesday  next,  on  account  of  the  indisposi- 
tion of  some  members.  The  House,  by  joint  resolution  with  the 
Senate,  are  to  break  up  on  Tuesday.  Appointing  Wednesday  seems 
like  the  oblivion  committee  in  the  British  Parliament,  on  the  Amer- 
ican petitions,  before  the  Revolution.  But  we  will  see  what  will 
come  of  it. 


IN  TIIF,  FIIIST  SF.NATK  OK  TIM-:  VNITKI>  STATKS.      143 

(In  a  marginal  note,  it  is  simply  observed  that  Mr.  ]  Tartley  was 
mistaken  when  IK-  wrote  this  note,) 

Tin-  journal  proceeds  :  In  the  evening,  Mr.  J)alton  called  to  see 
inc.  Soon  after.  Mr.  Morris  and  Mr.  Fitzsimmons  came  in.  Soon 
after.  Mr.  Scott — Mr.  Dalton  went  away.  Mr.  Scott  said,  what 
shall  we  do  with  the  residence  ?  I  believe  we  must  vote  for  it.  I 
don't  know,  said  Fitzsimmons,  if  the  condition  had  only  been  that 
we  should  not  prevent  the  clearing  of  the  Susquehanna,  I  should 
not  have  cared.  Scott  said,  in  fact  it  amounts  to  no  more  now.  I 
don't  know,  said  Fitzsimmons.  Mr.  Morris  said, abruptly, the  con- 
tract is  broke — we  were  to  have  this  thing  free  of  any  condition.  I 
have,  however,  a  letter  from  Peters,  on  this  subject.  He  got  out 
the  letter,  but  did  not  read  it.  Mr.  Scott  was  on  his  feet,  and  went 
awa}\  The  others  soon  followed. 

When  Mr.  Morris  talked  of  the  contract  being  broke,  I  asked: 
Have  any  of  the  eastern  people  given  way  ?  Have  any  of  them 
voted  against  the  Susquehaniia  ?  Mr.  Fitzsimmons  said,  none. 

I  can  readily  guess  what  Mr.  Morris  means  by  saying  the  con- 
tract is  broke.  Need  his  vote  be  expected  ? 

September  20.  Col.  Hartley  called  in  this  morning ;  says  the  busi- 
ness of  the  permanent  residence  will  come  on  to-morrow.  I  could 
clearly  gather  from  what  he  said,  that  the  eifort  would  be  to  throw 
off  the  whole  business  for  this  session  ;  for,  from  what  I  can  learn, 
they  are  not  able  to  engage  the  !Nc\v  England  men  for  the  Delaware; 
therefore  postpone,  and  wait  for  the  chapter  of  chances. 

Monday,  21.  Dressed  nvyself.  Weak  and  languid,  but  went  to  the 
Hall.  Thought  I  would  not  be  able  to  stay  long ;  but  when  the 
business  began  I  seemed  amused,  and  grew  better.  I  stayed  it  out 
until  after  three  o'clock. 

The  judges'  salaries  were  taken  up.  That  of  the  chief  justice 
had  been  settled  before,  at  $4,000  ;  that  of  the  puisne  judges  was 
put  at  $3,000.  Mr.  Morris  moved  for  $500  more,  seconded  by  Iz- 
ard — a  division,  nine  and  nine  ;  the  President  had  to  give  the  cast- 
ing vote,  and  had  the  yeas  and  nays  called  on  him.  He,  however, 
made  a  speech:  Somebod}'  had  said  judges  could  be  had  for  less. 
That  people  must  be  abandoned  and  forsaken  by  God,  who  could 
speak  of  buying  a  judge  as  you  would  a  horse.  Judges  should  por- 
tion their  children,  bring  them  up,  provide  for  them,  <fcc.,  &c.  Many 
families  in  New  England  had  suffered  by  the  head  of  it  being  a  judge. 

Motions  were  made  for  increasing  everything  almost.  None,  how- 
ever, carried  until  they  came  to  the  Attorney  General.  Mr.  Morris 
moved  it  should  be  $2,000.  King  seconded.  A  division,  nine  and 
nine  ;  and  the  President  voted  for  it.  Wyngate  called  for  the  yeas 


144  SKETCHES  OF  DEBATES 

and  nays.  Adams  looked  pitiful.  Said  he  would  be  made  the  scape- 
goat for  everything,  A  member  got  up  to  have  the  yeas  and  nays 
retracted.  Gray  son,  who  had  been  with  us  before,  spoke  against 
having  them  now.  So  they  were  not  called.  The  House  of  Repre- 
sentatives threw  out  this  amendment,  and  it  was  reduced  to  $1,500. 

Hartley  called  me  out  to  tell  me  that  the  Susquehanna  bill  was 
carried.  (This  meant  in  the  House  of  Representatives.)  Mr.  Mor- 
ris was  all  day  calling  out  members.  Gray  son,  Gunn,  King,  Reed, 
and  Butler  were  some  of  them  that  I  saw  him  take  aside.  The 
citizens  and  Wynkoop  dared  not  vote  against  it.  It  would  have 
had  no  effect  if  they  had.  Mr.  Morris,  being  a  six  years'  man,  con- 
siders himself  as  independent,  and  he  is  to  destroy  it  in  the  Senate. 
The  others  think  to  escape  censure  by  this  shift.  When  I  consider 
how  agreeable  it  will  be  to  the  eastern  members,  and  to  the  Yorkers, 
to  destroy  all  this  business,  I  really  fear  Mr.  Morris.  It  is  so  easy 
persuading  men  to  do  what  they  wish  for.  We  must,  however,  wait 
the  event. 

22.  Dressed,  and  went  to  the  Hall.  Resolution  came  up  from 
the  other  House  rescinding  the  resolution  of  adjournment  on  this 
day,  and  for  adjourning  on  Saturday.  Concurred. 

The  Permanent  Residence. 

Bill  for  the  permanent  residence  read  the  first  time.  Butler 
moved  to  postpone  till  next  session.  Seconded  by  Grayson.  Lee, 
Butler,  and  Grayson  spent  about  an  hour.  They  had  only  Izard 
and  Gunn  to  join  them  on  this  business — five  in  all.  From  hence, 
I  think,  we  may  prognosticate  that  the  bill  will  pass  in  some  shape 
or  other.  Mr.  Morris  in  the  deepest  chagrin.  Did  not  speak  to  me 
in  the  morning.  Left  his  usual  seat  to  avoid  me.  Never  spoke 
until  we  were  coming  out  of  the  Senate  Chamber.  He  then  asked 
if  I  continued  to  grow  better.  I  answered  in  the  affirmative,  but 
he  could  not  talk  to  me. 

I  met  General  St.  Clair  at  the  Hall.  If  I  had  no  other  clue,  I 
could  tell  how  the  Philadelphians  stood,  by  him.  He  was  all  full 
of  doubts — the  bill  would  never  do — the  President  would  never  act 
on  it — the  river  might  not  admit  of  navigation,  &c.,  &c.  The  bill, 
however,  passed,  31  to  IT,  in  the  House  of  Representatives. 

Wynkoop  cannot  sit  with  me  this  evening ;  he  is  caballing  down 
stairs.  Mr.  Linn  called ;  told  me  the  design  of  the  Virginians  and 
the  Carolina  gentlemen  was  to  talk  away  the  time,  so  that  we  could 
not  get  the  bill  passed. 

23d.  Went  to  the  Hall  early.  Mr.  Carroll  came  in  ;  told  me  Mr. 
Morris  was  against  the  bill,  and  wanted  to  bring  forward  German- 
town  and  the  Falls  of  Delaware. 


IN  TIIK  "FiusT  SKNATK  OK  TIII-:  UNITI-:I>  STATKS.       1  IT. 

The  Senate  met,  and  every  endeavor  was  used  to  waste  time.  Lee, 
Butler,  Grayson,  refused  to  go  on  with  the  business,  as  Gumi  was 
absent.  (Jumi  came,  and  then  they  wanted  to  go  and  see  the  balloon 
let  off.  But  at  last  the  bill  was  read  over.  I  was  called  out.  There 
was  Mr.  Morris,  Mr.  Fitzsimmons,  and  Col.  Hartley.  Fitzsimmons, 
began  telling  me  what  the  Pennsylvanians  had  agreed  to  do — first, 
strike  out  the  proviso  clause.  If  this  could  be  done,  then  agree  to 
the  bill ;  but  if  this  could  not  be  done,  then  abandon  the  Susque- 
hanna,  and  try  for  the  Falls  of  the  Delaware  and  Germantown.  As 
he  stated  it  to  me,  I  understood  that  all  the  Pennsylvanians  but 
myself  had  agreed  to  this.  I  told  him  it  was  a  late  moment  to  call 
on  me  when  the  bill  had  actually  been  read  over,  and  the  first  clause 
taken  up  ;  that  the  proviso  had  nothing  so  terrible  in  it  as  to  make 
me  abandon  the  bill,  rather  than  consent  to  it ;  that  I  saw  no  safety 
in  anything  but  adhering  to  the  bill,  and  if  we  lost  the  bill,  we  must 
go  to  the  Potomac. 

Mr.  Morris  raged  out  something  against  the  proviso,  or  to  the 
advantage  the  State  would  lose  by  such  a  proviso  being  adopted ; 
and  concluded  :  "  I  never  will  vote  for  the  bill  unless  the  proviso  is 
thrown  out."  I  said,  slowly,  he  would  act  as  he  pleased. 

He  knows  as  well  as  I  do,  that  the  Senate  never  will  reject  the 
proviso.  Fitzsimmons  and  Morris,  however,  said,  "  let  us  call  King 
out."  King  came.  Fitzsimmons  said,  "  The  Pennsylvania  dele- 
gates were  against  the  proviso ;  and  in  case  the  proviso  was  con- 
tinued, five  were  for  trying  the  Falls  of  Delaware  and  Germantown." 
Col.  Hartley  corrected  him  and  told  him  "  only  four."  As  I  had 
nothing  to  do  with  their  bargain,  I  turned  on  my  heel  and  left  them. 

I  thought  it  strange  conduct  of  our  delegates,  after  they  had 
all  voted  for  the  bill,  to  be  making  such  offers.  If  the  proviso  is 
struck  out,  the  two  Mary  landers  will  vote  against  us.  If  m,  Mr. 
Morris  will  vote  against  it.  I  have  expected  nothing  else  of  him 
for  some  time. 

Mr.  Morris  moved  that  the  first  and  second  clauses  should  be 
postponed,  so  as 'to  come  at  the  proviso.  This  brought  on  a  lengthy 
debate.  Butler  was  severe  on  Mr.  Morris.  Said  his  views  were 
totally  local.  Let  us  keep  the  Federal  town  on  the  Susquehanna, 
and  let  there  be  no  navigation  out  of  it,  and  then  3*011  must  come 
to  Philadelphia.  But  rather  than  have  the  Susquehanna  opened, 
which  will  take  some  of  our  trade  away,  we  will  not  let  3^011  put  the 
Federal  town  there. 

Morris  replied  with  apparent  heat,     The  other  retorted.     (Jray- 
son  and  Lee  were  both  up.     Tzard  was  up  ;  and  loiiu'  spceehes  were 
made.     The  question  was,  however,  put  :md  carried. 
10 


146  SKETCHES  OF  DEBATES 

And  now,  Mr.  Morris  moved  to  strike  out  the  proviso.  I  forget 
who  seconded  him.  The  reason  he  gave  was  that  the  State  of 
Pennsylvania  had  a  bargain  on  hand  with  Maryland,  about  this 
matter,  and  commissioners  were  appointed  to  negotiate  it.  Penn- 
sylvania would  suffer  the  Susquehanna  to  be  opened,  if  Maryland 
would  suffer  a  canal  to  be  dug  between  the  bays  of  Chesapeake  and 
Delaware.  That  he  would  be  betraying  the  interest  of  the  State 
in  so  imminent  a  degree,  that  he  dared  not  go  home  to  Pennsyl- 
vania if  such  a  clause  was  in  the  bill. 

I  had  hinted  to  Mr.  Morris  that  the  last  law  for  clearing  the  Sus- 
quehanna had  no  condition ;  but  he  answered,  the  Mary  landers 
thought  it  had. 

It  was  now  that  the  most  unbounded  abuse  was  thrown  on  the 
State  of  Pennsylvania.  Lee,  Grayson,  Butler,  and  Izard  struggled 
who  should  be  up  to  rail  at  the  Government. 

Mr.  Carroll  got  up  and  answered  Mr.  Morris  mildly.  I  whipped 
out,  and  sent  for  Col.  Hartley,  and  got  from  him  the  late  law  for 
clearing  the  Susquehanna.  So  great  was  the  rage  for  speaking, 
that  I  could  scarce  get  a  word  said.  I  endeavored  to  be  up  first 
on  the  sitting  down  of  Butler,  but  Lee  was  up  with  me.  I  begged 
for  indulgence,  as  I  had  information  to  give  which  I  thought  very 
material.  I  stated  the  importance  of  the  question,  and  declared 
it  my  duty  to  give  all  the  information  in  my  power.  That  the 
State  of  Pennsylvania  deserved  none  of  the  illiberal  abuse  that  had 
been  bestowed  on  it.  That  no  such  design  as  shutting  up  the  Sus- 
quehanna could  be  charged  on  Government.  I  then  read  several 
clauses  of  the  act,  declaring  the  Susquehanna  and  its  branches  high- 
ways, to  the  Maryland  line.  I  declared  I  did  not  think  there  was 
a  single  Pennsylvanian  of  character  that  could  be  so  base  as  to  wish 
the  shutting  up  the  mouth  of  that  river.  That  for  my  part,  I  con- 
sidered the  proviso  as  harmless,  and  if  it  tended  to  give  satisfac- 
tion to  the  public  at  large  or  any  individuals,  I  had  no  objection  to 
it.  That  I  thought  the  business,  on  the  part  of  Pennsylvania,  done 
already  ;  but  if  any  more  was  wanted,  I  had  no  dolibt  of  their  doing 
it.  I  could,  for  my  part,  apprehend  no  danger  from  the  proviso. 
Much,  it  was  said,  was  put  by  it  in  the  President's  power.  But  he 
had  his  honor  to  support.  I  was  convinced  he  would  neither  traffic 
with  his  own  character,  nor  the  public  expectation  ;  and  I  was  con- 
vinced no  defect  would  be  experienced  on  the  part  of  the  State  of 
Pennsylvania. 

The  rage   for  speaking  did  not  subside ;  but  it  took  a  different 


NOTK. — Such  a  canal  is  now  in  agitation. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      147 

turn.  Mr.  Morris  said  he  did  not  know  of  that  law.  The  question, 
however,  was  put,  and  five  only  rose  for  rejecting  the  proviso  : 
Morris,  Knox,  Schuyler,  Johnson,  and  Dalton.  There  was  now  a 
cry  for  adjournment,  to  see  the  balloon,  and  the  Senate  rose. 

September  23.  Mr.  Clymer  called  about  eight  o'clock.  Began  to 
speak  against  the  Susquehanna.  Said  there  was  an  old  interest,  and 
a  new  interest  starting  up  to  destroy  it  in  Pennsylvania,  by  sending 
the  trade  into  the  new  interest.  That  he  would  not  for  a  thousand 
guineas  the  law  would  pass.  That  the  old  commercial  interest  had 
nourished  Philadelphia — it  was  an  ornament  to  the  State.  He 
seemed  willing  to  persuade  me  that  I  should  vote  against  the  bill. 
I  asked  him  how  he  thought  it  would  look  for  me  to  vote  against 
it,  when  they  had  all  voted  for  it  on  Monday  last  ?  He  said  he  was 
induced  to  do  so,  expecting  a  change  in  the  Senate.  That  he 
would  not  for  half  his  estate  he  had  done  so.  That  he  was  duped 
into  it.  I  told  him  that  was  not  my  case,  for  I  had  followed  my 
judgment  hitherto,  and  would  continue  to  do  so.  That  if  we  changed 
our  ground  in  the  Senate,  and  could  insert  any  other  place  than  the 
Susquehanna,  we  lost  our  hold  of  the  eastern  people,  and  the  whole 
fell  to  the  ground,  agreeable  to  what  I  had  told  him  on  Monday 
week,  and  that  at  the  next  session  Virginia  would  come  forward 
with  five  members  from  North  Carolina,  and  be  joined  by  two  or 
three  from  Pennsylvania,  and  we  should  infallibly  go  to  the  Poto- 
mac ;  and  for  my  part  I  would  rather  stay  on  the  Susquehanna. 
He  declared,  for  his  part,  he  would  not. 

M  r.  Clymer  used  to  extol  the  advantages  of  the  Susquehanna ; 
and  declared,  as  he  sat  on  my  bedside  about  a  fortnight  ago,  that 
no  position  in  Pennsylvania  was  equal  to  Susquehanna.  All  this 
change  has  taken  place  since  Gen.  Irwin  came  to  town,  and  declared 
there  was  a  contract  on  foot  for  clearing  the  Conewago  falls  for 
four  thousand  pounds. 

Now  w^iat  am  I  to  think  of  the  citizens  of  Philadelphia,  and  some 
others  of  the  Pennsylvania  delegation.  Can  I  help  concluding,  on 
the  most  undeniable  data,  as  well  from  what  I  have  heard  as  from 
circumstances  and  their  own  declarations,  that  they  ever  have  been 
opposed  to  the  Susquehanna,  and  voted  for  it  purely  to  save  their 
popularity  in  the  State ;  and  trusted  to  Morris,  who  is  a  six-year 
man,  to  destroy  the  bill  in  the  Senate.  Have  I  a  name  for  such 
conduct  ?  Thus  to  drive  away  Congress  from  the  State,  rather 
than  a  few  barrels  of  flour  should  pass  by  the  Philadelphia  market, 
in  descending  the  Susquehanna  ;  and  rather  than  the  inhabitants  of 
this  river  should  enjoy  the  natural  advantages  of  opening  the  navi- 
gation of  it.  I  think  it  probable  these  arts  will  prevail. 


148  SKETCHES  OF  DEBATES 

September  24.  This  day  Morris  voted  against  the  Susquehanna. 
King,  Schuyler,  and  all  the  New  England  men,  except  Doctor  John- 
son, voted  against  it.  Mr.  Morris'  vote  alone  would  have  fixed  us 
on  the  Susquehanna  forever.  The  affair  has  taken  the  ver}>-  turn  I 
predicted.  Our  ruin  is  plotted,  contrived,  and  carried  on,  in  con- 
junction with  the  Yorkers. 

I  gave  an  account  of  the  center  of  population  being  in  Pennsyl- 
vania ;  the  center  of  wealth ;  and  the  geographical  center.  Went 
at  large  into  all  the  detail  of  the  Potomac  and  the  Susquehanna. 
When  the  Potomac  was  voted  for,  I  was  long  on  my  legs,  or  I  shall 
say  my  knees,  and  they  grew  weary.  We  easily  threw  out  the  Po- 
tomac ;  but  I  well  knew  all  this  was  in  vain. 

This  whole  morning,  and  for  an  hour  after  the  Senate  met,  the 
York  Senators  and  representatives  were  in  the  committee-room, 
and  Mr.  Morris  running  backwards  and  forwards,  taking  out  one 
Senator  after  another  to  them,  and  Adams  delaying  business  for 
them.  No  business  was  ever  treated  with  more  barefaced  partial- 
ity. Mr.  Morris  moved  that  the  words  at  some  convenient  place  on 
the  banks  of  the  Susquehanna,  &c.,  should  be  struck  out,  and  that 
it  might  remain  a  blank  for  any  gentleman  that  pleased  to  name  a 
place. 

I  objected  to  this  as  unfair,  for,  by  this  means,  the  banks  of  the 
Susquehanna  would  be  thrown  out,  when,  in  fact,  that  place  might 
have  more  friends  than  any  other  individual  place,  for  all  those  who 
wished  a  different  place  would  unite  on  this  vote,  however  different 
their  views  might  otherwise  be ;  and  thus  the  place  rejected  in  the 
first  instance  would  be  laid  under  an  unfavorable  impression.  That 
I  saw  no  reason  to  deviate  from  the  common  mode,  which  had  al- 
ways been  to  move  to  strike  out  certain  words  in  order  to  insert 
certain  other  words,  and  thus  men  would  plainly  see  their  way  clear, 
and  the  intention  of  the  mover. 

Mr.  Adams  answered  me  from  the  chair.     Said  it  was,  all  fair. 

It  was  in  vain  to  argue.  The  question  was  put,  and  seven  only 
rose. 

Up  got  Mr.  Morris.  Said  the  question  was  not  understood,  and 
begun  his  explanations.  He  said  he'  had  often  wished  to  explain 
himself  on  the  subject  of  the  residence,  but  was  always  prevented. 
That  Pennsylvania  was  averse  to  the  Susquehanna,  and  would  give 
$100,000  to  place  it  at  Germantown. 

I  rose  to  the  point  of  order.  Declared  that  no  motion  or  appli- 
cation for  reconsideration  could  be  received  from  a  member  in  the 
minority.  Quoted  parliamentary  practice,  and  appealed  to  the 
Chair. 


IN  THE  FIHST  SENATE  OF  THE  UNITED  STATES.       149 

Mr.  Adams  now  made  one  of  his  speeches.  Unfortunately,  it 
seems  none  of  our  rules  reached  the  point.  New  matter  had  been 
alleged  in  argument,  &c. 

It  was  in  vain  that  I  alleged  that  no  business  ever  could  have  a 
decision,  if  minority  members  were  permitted  to  move  reconsidera- 
tions under  every  pretense  of  new  argument.  Adams  gave  it  against 
me. 

Mr.  Morris  now  assumed  a  bolder  tone.  Flamed  away  in  favor 
of  Germantown.  Repeated  his  offers  in  the  name  of  the  State,  &c. 

I  declared  I  considered  myself  to  enjoy  the  confidence  of  Penn- 
sylvania in  as  unlimited  a  manner  as  my  honorable  colleague.  That 
I  firmly  believed  the  general  sense  of  the  State  was  more  in  favor 
of  the  Susquehanna  than  Germantown ;  and  that,  if  money  was  to 
be  given,  the  Susquehanna  was  most  likely  to  obtain  it.  I,  however, 
denied  that  any  State  money  was  appropriated  to  any  such  purpose, 
and  called  on  my  colleague  to  produce  the  authority  on  which  he 
made  the  offer. 

He  now  came  forward  the  great  man  and  the  merchant.  Pledged 
himself  that,  if  the  State  would  not,  he  would  find  the  money. 

A  vacant  stare  on  this  seemed  to  occupy  the  faces  of  the  Senate. 
But  the  New  England  men  helped  him  out.  It  was  proposed  that 
the  validity  of  the  law  should  depend  on  the  payment  of  the  money, 
and  that  a  clause  for  this  purpose  should  be  now  inserted  in  the  bill. 
And  to  work  some  of  them  went  in  fabricating  such  a  clause.  Mr. 
Morris  had  not  yet  been  regularly  seconded ;  but  I  began  to  see, 
when  it  was  too  late,  that  I  had  committed  a  mistake  in  not  appeal- 
ing to  the  House  from  the  decision  of  the  Chair. 

Bassett  got  up  and  recanted — said  he  had  not  understood  the 
question.  It  was  in  vain  that  we  urged  that  the  question  was  fairly 
put.  A  reconsideration  was  called  for.  There  is  really  such  a  thing 
as  worrying  weak  or  indifferent  men  into  a  vote.  Urging  that  the 
matter  had  not  been  sufficiently  explained  and  understood — how  fair 
and  inoffensive^  the  measure,  &c. — all  these  arts  were  played  off  with 
the  utmost  address  on  this  occasion ;  and  with  the  weight  of  John 
Adams,  succeeded.  It  was  reconsidered,  and  eleven  voted  for  this 
fair  and  inoffensive  measure. 

In  a  moment,  by  way  of  fixing  them  against  the  Susquehanna, 
although  it  was  still  called  out,  we  will  take  a  vote  on  the  Susque- 
hanna, the  yeas  and  nays  were  called.  And  now  Gray  son  and  Lee 
moved  for  the  Potomac. 

They  had  moved  for  striking  out  the  word  Pennsylvania,  so  as  to 
leave  the  whole  banks  of  the  Susquehanna  open,  and  lost  it. 

Now  was  a  lengthy  debate,  in  which  I   supported  the  Susque- 


150  SKETCHES  OF  DEBATES. 

hanna ;  but  it  is  too  much  to  insert  what  I  said.  The  Potomac  lost 
it,  and  the  blank  now  remained. 

Mr.  Butler  now  rose  and  moved  to  fill  the  blank  with  the  words, 
"banks  of  Susquehanna,  &c.," — the  same  words  which  had  been 
struck  out.  I  seconded  the  motion. 

Up  got  Mr.  Morris,  and  opposed  this  with  warmth.  He  allowed 
that  there  might  be  a  question  taken  on  the  Susquehanna ;  but  he 
would  have  a  vote  taken  on  his  place  first. 

Butler  insisted  that  as  his  motion  was  fairly  before  the  House, 
and  seconded,  it  must  be  disposed  of. 

Morris  replied  without  any  reason  on  his  side,  indeed ;  but  he  had 
no  need  of  reason,  when  he  had  votes  enough  at  hand. 

King  got  up  and  said  he  had  no  objection  to  a  vote  being  taken 
on  the  Susquehanna;  but  it  ought  to  be  the  last  place. 

However,  for  the  sake  of  order,  they  had  to  move  a  postpone- 
ment of  the  motion  on  the  Susquehanna.  The  postponement  was 
carried. 

Mr.  Morris  then  came  forward  with  an  amendment  for  locating, 
ten  miles  square,  adjoining  the  city  of  Philadelphia,  in  the  counties 
of  Philadelphia,  Chester,  and  Bucks,  including  Germantown,  with 
a  proviso  that  the  act  should  not  be  in  force  until  the  one  hundred 
thousand  dollars  should  be  secured  to  the  United  States  by  Penn- 
sylvania, &c. 

I  could  not  abandon  the  Susquehanna,  at  any  rate  in  the  present 
stage  of  the  business ;  but  for  me  to  enter  into  a  proviso  which 
would  operate  as  an  engagement  on  the  State,  without  the  least  au- 
thority for  so  doing,  appeared  to  me  highly  improper.  I  therefore, 
under  every  view  of  the  matter,  concluded,  in  a  moment,  to  vote 
against  his  motion. 

The  Susquehanna  bill  placed  the  Federal  town  in  the  heart  of 
Pennsylvania,  provided  for  purchasing  the  land,  erecting  the  build- 
ings, &c  ,  without  one  farthing  expense  to  the  State,  to  say  nothing 
of  the  most  important  subject  of  clearing  the  Susquehanna,  which 
would  be  done  by  Federal  and  Maryland  money,  in  case  of  Congress 
being  placed  on  its  banks.  I  therefore  reserved  my  vote  for  the 
Susquehanna. 

The  House  divided  on  Mr.  Morris'  motion — nine  and  nine.  The 
President  rose  to  give  the  casting  vote.  He  spoke  well  of  the 
Potomac,  (to  gratify  the  Virginians  ;)  slightly  of  the  Susquehanna, 
(which  had  but  few  friends ;)  highly  of  Philadelphia  and  New 
York,  in  each  of  which  places  he  said  the  Congress  ought  to  stay 
alternately,  four  years  at  a  time  ;  said  if  the  question  were  to  reject 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      151 

the  whole  business,  he  could  have  no  doubt,  but  as  Pennsylvania 
had  offered  the  money,  he  would  vote  for  Oermantown. 

Thus  fell  our  hopes.  This  unwarranted  offer  of  the  money 
knocked  down  the  Susquehanna.  It  was  now  near  four  o'clock,  and 
an  adjournment  was  called  for  and  took  place. 

25th  September.  A  good  deal  unwell,  but  attended  the  Hall.  The 
Secretary  had  omitted  the  first  question  on  the  striking  out  of  the 
Susquehanna,  and  the  reconsideration.  He,  however,  corrected  it 
himself,  afterwards,  with  the  leave  of  the  House. 

Carroll  now  moved  to  strike  out  the  residence  being  in  New 
York  until  the  Federal  buildings  should  be  erected.  I  determined 
to  leave  myself  free  from  any  obligation  to  stay  in  New  York,  and1 
voted  with  him,  more  especially  as  I  was  free  from  all  obligation 
whatever. 

Mr.  Morris  now  began  to  dress  the  bill,  but  seemed  slack  about 
the  one  hundred  thousand  dollars.  He  was  called  on  from  the 
chair,  however,  and  sundry  parts  of  the  House  to  bring  it  forward. 
I  was  very  unwell,  and  left  him  to  dress  his  own  child  as  he  pleased, 
and  came  home. 

This  evening  Mr.  Scott  called  to  see  me.  He  said  Mr.  Morris, 
Mr.  Clymer,  and  Mr.  Fitzsimmons,  assured  him  that  the  Yorkers 
and  New  England  men  would  pass  the  bill,  and  that  they,  the  Penn- 
sylvanians,  Mr.  C.  and  F.,  had  promised  that  Congress  should  stay 
three  years  in  New  York.  Mr.  Wynkoop  then  said  that  they  had 
made  such  a  bargain.  I  told  them  that  was  the  first  account  I  had 
heard  of  the  matter.  I  expressed  my  doubts  of  their  sincerity. 
Wynkoop  was  sure  of  them,  and  that  he  could  depend  on  them,  &c. 

26th.  Yery  unwell  this  day,  but  dressed,  and  went  to  the  Hall. 
Sat  some  time.  The  appropriation  bill  was  taken  up.  And  now 
Col.  Schuyler  brought  forward  an  account  of  $8,000,  expended  by 
Mr.  Osgood,  in  repairing  and  furnishing  at  the  house  which  the 
President  lives  in. 

When  I  first  went  into  the  Senate  Chamber  this  morning,  the 
Yice  President,  Ellsworth,  and  Ames  stood  together,  railing  against 
the  vote  of  adherence  in  the  House  of  Representatives  on  throwing 
out  the  words  the  President,  in  the  beginning  of  the  Federal  writs. 
I  really  thought  them  wrong,  but  as  they  seemed  very  opinionated, 
I  did  not  contradict  them.  This  is  only  a  part  of  their  old  system 
of  giving  the  President,  as  far  as  possible,  every  appendage  of  roy- 
alty. The  original  reason  of  the  English  writs  running  in  the  king's 
name,  was  his  being  personally  in  court,  and  English  jurisprudence 
still  supposes  him  to  be  so.  But  with  us,  it  seems  rather  confound- 
ing the  executive  and  judicial  branches.  Ames  left  them,  and  they 


152  SKETCHES  AND  DEBATES. 

seemed  rather  to  advance  afterwards.  Said  the  President,  perso- 
nally, was  not  subject  to  any  process  whatever ;  could  have  no  ac- 
tion, whatever,  brought  against  him ;  was  above  the  power  of  all 
judges,  justices,  &c.  For,  what,  said  they,  would  you  put  it  in 
the  power  of  a  common  justice  to  exercise  any  authority  over  him, 
and  stop  the  whole  machine  of  government. 

I  said,  that  although  President,  he  was  not  above  the  laws. 

Both  of  them  declared  you  could  only  impeach  him,  and  no  other 
process  whatever  lay  against  him. 

I  put  the  case  :  Suppose  the  President  committed  murder  in  the 
street.  Impeach  him  ?  But  you  can  only  remove  him  from  office 
on  impeachment.  Why,  when  he  is  no  longer  President  you  can 
indict  him.  But,  in  the  meanwhile  he  runs  away. 

But  I  will  put  another  case.  Suppose  he  continues  his  murders 
daily,  and  neither  House  is  sitting  to  impeach  him  ? 

Oh !  the  people  would  rise  and  restrain  him.  Yery  well ;  you 
will  allow  the  mob  to  do  what  the  loyal  justice  must  abstain  from, 

Mr.  Adams  said  I  was  arguing  from  cases  nearly  impossible. 
There  had  been  some  hundreds  of  crowned  heads  within  these  two 
centuries  in  Europe,  and  there  was  no  instance  of  any  of  them 
having  committed  murder. 

Yery  true,  in  the  retail  way,  Charles  the  IX,  of  France,  excepted. 
They  generally  do  these  things  on  the  great  scale.  I  am,  however,, 
certainly  within  the  bounds  of  possibility,  though  it  may  be  very 
improbable. 

General  Schuyler  joined  us.  What  think  you,  General,  said  Ir 
by  way  of  giving  the  matter  a  different  turn,  I  am  not  a  good  civ- 
ilian, but  I  think  the  President  a  kind  of  sacred  person. 

Bravo,  my  jure  divino  man. 

Not  a  word  of  the  above  is  worth  minuting,  but  it  shows  clearly 
how  amazingly  fond  of  the  old  leaven  many  people  are.  I  needed 
no  index,  however,  of  this  kind,  with  respect  to  John  Adams. 

September  28.  Went  to  the  Hall.  Sat  a  little  while,  but  had  to 
get  up  and  walk  in  the  machinery-room.  Yiewed  the  pendulum 
mill,  a  model  of  which  stands  here.  It  really  seems  adapted  to  do 
business.  Returned  and  sat  awhile  with  the  Senate,  but  retired  and 
came  home  to  my  lodgings.  Sincerely  hope  an  adjournment  will 
take  place  to-morrow.  The  pay  list  is  making  out,  which  seems 
likely  to  finish  the  business. 

Mr.  Wynkoop  came  in  the  highest  joy.  All  was  well.  German- 
town,  happy  Germantown,  has  got  the  Congress.  He  ravished  up 
his  dinner,  got  his  trunk  and  boots,  and  away  with  him  to  tell  the 
glorious  news. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      153 

I  have  just  been  thinking  how  impossible  it  is  for  the  Yorkers  to 
be  so  blind  as  to  let  Congress  go  away  in  the  manner  Wynkoop 
savs  they  have  done.  If  the  lower  House  have  really  passed  the 
bill,  the  Yorkers  have  no  resource  but  in  the  President.  I  am 
greatly  surprised  at  this  day's  work. 

I  have  opened  the  book,  and  taken  up  my  pen  to  wipe  away  the 
surprise  above  mentioned.  Parson  Linn  has  just  told  me  that  some 
trifling  amendment  was  tacked  to  the  bill,  just  sufficient  to  send  it 
up  to  the  Senate,  and  the  Senate  have  thrown  it  out;  and  with  the 
consent  of  the  Philadelphians,'too,  I  suppose. 

Just  as  I  was  leaving  the  Hall,  Izard  took  me  aside.  Asked  me 
to  stay.  Said  a  trifling  amendment  will  be  made  in  the  lower  House, 
just  enough  to  bring  it  up  here,  and  we  will  throw  it  out.  I  told 
him  I  wished  nothing  so  much  as  to  see  an  end  of  the  business.  I 
was  not  able  to  attend,  but  if  I  was,  could  not  be  with  him  on  this 
question.  Well,  then,  you  must  not  tell  Morris  of  this.  I  was  just 
going  away,  and  said  I  will  not. 

In  relation  to  the  amendment  to  the  residence  bill,  it  appears 
from  the  debates  in  the  House  of  Representatives,  that  when  the 
amendments  proposed  by  the  Senate  to  the  residence  bill  were  be- 
fore the  House,  on  Monday,  the  28th  of  September,  Mr.  Madison 
contended  that  the  amendment  proposed  by  the  Senate,  was  a  de- 
parture from  every  principle  adopted  by  the  House,  but  he  would 
not  trouble  them  with  a  recapitulation  of  arguments.  He  wished, 
however,  that  the  House  would  provide  against  one  inconvenience, 
which  was,  to  prevent  the  district  in  Pennsylvania,  chosen  by  Con- 
gress, from  being  deprived  for  a  time  of  the  benefit  of  the  laws. 
This,  he  apprehended,  would  be  the  case,  unless  Congress  made 
provision  for  the  operation  of  the  laws  of  Pennsylvania,  in  the  act 
by  which  they  accepted  of  the  cession  of  that  State,  for  the  State 
relinquished  the  right  of  legislation  from  the  moment  that  Congress 
accepted  of  the  district.  The  propriety  of  this  proposition,  he  ob- 
served, was  so  apparent,  that  he  had  not  a  doubt  but  the  House 
would  consent  to  it.  He  then  moved  the  following  proviso:  "And 
provided,  that  nothing  herein  contained  shall  be  construed  to  affect 
the  operation  or  the  laws  of  Pennsylvania,  within  the  district  ceded 
and  accepted,  until  Congress  shall  otherwise  provide  by  law." 

Mr.  Liver  more  objected  to  this  motion,  because  he  supposed 
there  was  no  necessity  for  it. 

The  question  was  then  taken:  Does  the  House  agree  to  the 
amendment  ?  And  was  decided  in  the  affirmative.  The  yeas  and 
nays  being  demanded,  and  were  as  follows : 

YKAS — Messrs.  Ames,  Cadwalader,  Clymer,  Fitzsimmons,  Floyd, 


154  SKETCHES  OF  DEBATES 

Foster,  Gerry,  Gilman,  Goodhue,  Grout,  Hartley,  Hathorn,  Heister, 
Huntington,  Lawrence,  Leonard,  Livermore,  Muhlenberg,  Part- 
ridge, Yan  Rensselaer,  Schureman,  Scott,  Sherman,  Sylvester,  Sin- 
nickson,  Thatcher,  Trumbull,  Yining,  Wadsworth,  and  Wynkoop — 
31. 

NAYS — Messrs.  Baldwin,  Bland,  Boudinot,  Brown,  Burke,  Car- 
roll, Coles,  Contee,  Gale,  Griffin,  Jackson,  Lee,  Madison,  Matthews, 
Moore,  Page,  Parker,  Seney,  Smith,  (of  Maryland,)  Smith,  (of 
South  Carolina,)  Stone,  Sumter,  Tucker,  and  White — 24. 

From  the  Senate  Journal  it  appears  that,  on  the  28th  September, 
a  message  from  the  House  of  Representatives  brought  up  the  bill 
for  establishing  a  permanent  seat  of  Government ;  and  informed  the 
Senate  that  the  House  had  concurred  in  the  amendments  thereto, 
with  the  following  amendment :  "And  provided  that  nothing 
herein  contained  shall  be  construed  to  affect  the  operation  of  the 
laws  of  Pennsylvania  within  the  district  ceded  and  accepted,  until 
Congress  shall  otherwise  provide  by  law." 

After  some  other  business  was  attended  to,  a  motion  was  made 
that  the  further  consideration  of  the  above  bill  be  postponed  to  the 
next  session  of  Congress  ;  and  it  passed  in  the  affirmative. 

29th.  Came  to  the  Hall.  Saw  Mr.  Morris.  I  did  not  envy  him 
his  feelings.  I  determined  not  to  say  a  word  to  him,  save  the  salu- 
tation of  good  morning ;  which  passed  mutually  between  us.  To 
praise  his  management  was  impossible.  I  could  not  sit  in  the  Sen- 
ate. Came  out,  and  reclined,  as  well  a  I  could,  in  the  little  commit- 
tee-room. Ellsworth  came  out  in  a  little  time.  I  asked  him  if  the 
business  was  got  through  in  Senate.  He  said  yes.  I  then  went  to 
the  Treasury,  drew  my  pay,  discharged  my  lodgings,  took  a  place 
in  the  stage,  and  set  off  for  Philadelphia. 

The  Senate  was  adjourned  on  the  26th  September,  until  the  first 
Monday  in  January,  IT 90,  then  to  meet  at  the  City  Hall,  in  New 
York.  " 


SECOND  SESSION  OF  THE  FIRST  SENATE. 


January,  It 90.  Arrived  at  New  York  late  on  the  5th,  and  went 
to  lodge  at  the  same  house  with  the  Speaker  of  the  House  of  Rep- 
resentatives, Frederick  A.  Muhlenberg,  and  Peter  A.  Muhlenberg, 
his  brother. 

6th.  ^Attended  at  the  Hall,  and  my  presence  completed  a  quorum. 
A  letter  from  the  President  of  the  United  States  was  received,  de- 
siring to  be  informed  of  the  time  a  quorum  would  be  formed,  <fcc. 
Was  committed  to  Izard  and  Strong.  Nothing  else  of  any  conse- 
quence. Adjourned. 

7th.  Attended  as  usual.  When  the  minutes  were  read,  Mr.  King 
rose  and  made  a  motion  to  amend  the  journals  of  yesterday  with 
respect  to  the  President's  letter,  by  striking  out  a  part,  and  insert- 
ing a  clause  which  he  held  in  his  hand. 

Strong  and  Dalton  moved  to  have  the  word  honorable  struck  out 
from  before  the  names  of  the  members.  Lost.  Motion  for  leave 
to  protest,  by  Butler,  not  seconded. 

Strong  and  Izard  reported  that  the  President  would  attend  in  the 
Senate  chamber  at  eleven  o'clock  to-morrow. 

A  resolution  of  the  Representatives  for  appointment  of  a  chap- 
lain was  concurred  in,  and  the  bishop  appointed  on  the  part  of  the 
Senate. 

This  day,  at  and  after  dinner,  I  thought  uncommon  pains  were 
taken  to  draw  from  me  some  information  as  to  the  part  I  would  act 
respecting  the  Federal  residence.  The  whole  world  is  a  shell,  and 
we  tread  on  hollow  ground  every  step.  I  repeatedly  said,  I  have 
marked  out  no  ground  for  myself.  My  object  shall  be  the  interest 
of  Pennsylvania,  subordinate  to  the  good  of  the  Union. 

Mr.  Wynkoop  called  in  the  evening.  He  was  directly  on  the 
subject  of  the  permanent  residence.  Susquehanna  must  never  be 
thought  of.  He  repeated  this  sentiment  more  than  once.  To  have 
been  silent  would  have  implied  consent  to  it.  I  said  for  my  part 
I  should  think  of  Susquehanna,  and  I  considered  Mr.  Morris'  con- 
duct in  destroying  the  bill  for  that  place  as  the  greatest  political 
misfortune  that  ever  befel  that  State. 

155 


156  SKETCHES  OF  DEBATES 

January,  8.  All  this  morning  nothing  but  bustle  about  the  Sen- 
ate in  hauling  chairs  and  removing  tables.  The  President  (Wash- 
ington) was  dressed  in  a  second  mourning,  and  read  his  speech  well. 
The  Senate,  headed  by  their  President,  were  on  his  right.  The 
House  of  Representatives,  with  their  Speaker,  were  on  his  left.  His 
family,  with  the  heads  of  departments,  attended.  The  business  was 
soon  over,  and  the  Senate  were  left  alone.  The  speech  was  com- 
mitted rather  too  hastily,  as  Mr.  Butler  thought,  who  made  some 
remarks  on  it,  and  was  called  to  order  by  the  Chair.  He  resented 
the  call,  and  some  altercation  ensued.  Adjourned  until  Monday. 

January  11.  The  Senate  received  from  General  Knox  the  proceed- 
ings of  the  commissioners  on  the  embassy  to  the  Southern  Indians. 
A  considerable  part  of  the  day  spent  in  reading  them.  'Tis  a 
spoiled  piece  of  business ;  and  by  way  of  justification  of  their  con- 
duct in  not  having  made  peace,  they  seem  disposed  to  precipitate 
the  United  States  into  war,  the  not  uncommon  fruits  of  employing 
military  men.  This,  however,  is  but  my  idea  of  the  business.  Wish 
I  may  have  occasion  to  alter  it. 

Mr.  Lear  brought  in  a  ratification  from  the  State  of  North  Caro- 
lina, or  rather  a  copy  of  it,  from  the  President. 

And  now  the  committee  reported  an  answer  to  the  President's 
speech.  The  most  servile  echo  I  ever  heard.  There  was,  however ? 
no  mending  it.  One  part  of  it  seemed  like  pledging  the  Senate  to 
pay  the  whole  amount  of  the  public  debt.  This  was,  however, 
altered.  Many  of  the  clauses  were  passed,  without  either  aye  or  no, 
in  silent  disapprobation.  I  told  both  King  and  Patterson  that  I 
had  never  heard  so  good  an  echo,  for  it  repeated  all  the  words  en- 
tire. They  both  denied  that  they  had  anything  to  do  with  it,  and 
said  it  was  Izard's  work. 

January  12.  In  now  came  General  Knox,  with  a  bundle  of  com- 
munications. I  thought  the  act  a  mad  one  when  a  Secretary  of 
War  was  appointed  in  time  of  peace.  I  cannot  blame  him.  He 
wants  to  labor  in  his  vocation.  Here  is  a  fine  scheme  on  paper : 
To  raise  five  thousand  and  forty  officers,  non-commissioned  officers, 
and  privates,  at  the  charge  of  $1,152,000,  for  a  year,  to  go  to  war 
with  the  Creeks,  because  the  commissioners,  being  ignorant  of  In- 
dian affairs,  failed  of  making  a  treaty  after  having  spent  $15,000  to 
no  manner  of  purpose.  But  we  will  see  what  will  come  of  it. 

January  12.  I  made  an  unsuccessful  motion  when  it  was  pro- 
posed that  the  whole  Senate  should  wait  on  the  President,  with  the 


NOTE. — The  Speaker  told  me  this  day  what  I  have  been  no  stranger  to,  that 
a  certain  set  in  Philadelphia  were  determined  to  have  me  out  of  the  Senate. 


Ix  THE  "FiusT  SENATE  OK  THE  UNITED  STATES.        i:>7 

answer  to  the  speech.  First,  I  wished  for  delay,  that  we  might  see 
the  conduct  adopted  by  the  House  of  Representatives.  I  thought 
it  likely  they  would  do  the  business  by  a  committee.  In  that  case, 
I  wished  to  imitate  them ;  and  as  a  committee  with  us  had  done  all 
the  business  so  far,  I  wished  it  to  continue  in  their  hands,  that  they 
might  have  exclusively  all  the  honors  attendant  on  the  perform- 
ance. That  I,  as  a  republican,  was,  however,  opposed  to  the  whole 
business  of  echoing  speeches.  It  was  a  stale  ministerial  trick  in 
Britain,  to  get  the  Houses  of  Parliament  to  chime  in  with  the 
speech,  and  then  consider  them  as  pledged  to  support  any  measure 
which  could  be  grafted  on  the  speech.  It  was  the  Socratic  mode 
of  argument  introduced  into  politics,  to  entrap  men  into  measures 
they  were  not  aware  of.  I  wished  to  treat  the  speech  in  quite  a 
different  manner.  I  would  commit  it,  for  the  purpose  of  examining 
whether  the  subjects  recommended  in  it  were  proper  for  the  Senate 
to  act  upon.  If  they  were  found  to  be  so,  I  would  have  committees 
appointed,  to  bring  forward  the  necessary  bills.  But  we  seem  to 
neglect  the  useful,  and  content  ourselves  with  compliments  only, 
and  dangerous  ones,  too.  But  for  my  part,  I  would  not  consider 
myself  as  committed  by  anything  contained  in  the  answer. 

January  13.  This  was  a  day  of  small  importance  in  therSenate.  Mr. 
Hawkins,  a  Senator  from  North  Carolina,  took  his  seat.  Adjourned. 

January  14.  This  was  the  day  devoted  to  ceremony,  by  both 
Houses  of  Congress.  At  eleven  o'clock  the  Senate  attended  at  the 
President's  to  deliver  their  answer.  At  twelve  the  House  of  Rep- 
resentatives attended.  It  is  not  worth  while  minuting  a  word  about 
it.  We  went  in  coaches.  Got  our  answer,  which  was  short.  Re- 
turned in  coaches.  Sauntered  an  hour  in  the  Senate  Chamber,  and 
adjourned.  Every  error  in  government  will  work  its  own  reined}^, 
among  a  free  people.  I  think  both  Senators  and  Representatives 
are  tired  of  making  themselves  the  gazing  stock  of  the  crowd,  and 
the  subject  of  remark  by  the  sycophantic  circle  that  surround  the 
President  in  stringing  to  his  quarters  ;  and  I  trust  the  next  session 
will  cither  do  without  this  business  altogether,  or  do  it  by  a  small 
committee,  that  need  not  interrupt  the  business  of  either  House. 
I  have  aimed  at  this  point  all  along. 

It  is  evident,  from  the  President's  speech,  that  he  wishes  ever}-, 
thing  to  fall  into  the  British  mode  of  business.  I  have  directed  the 
proper  officers  to  lay  before  you,  &c.  Compliments  for  him,  and 
business  for  them.  He  is  but  a  man,  but  really  a  good  one ;  and 
we  can  have  nothing  to  fear  from  him  ;  but  much  from  the  prece- 
dent he  may  establish. 

Bined  this  day  with  the  President.     It  was  a  great  dinner — all 


158  SKETCHES  OF  DEBATES 

in  the  taste  of  high  life.  I  considered  it  as  part  of  my  duty  as  a 
Senator  to  submit  to  it,  and  am  glad  it  is  over.  The  President  is  a 
cold  formal  man,  but  I  must  declare  he  treated  me  with  great  atten- 
tion. I  was  the  first  person  with  whom  he  drank  a  glass  of  wine. 
I  was  often  spoken  to  by  him.  Yet  he  knows  well  how  rigid  a  re- 
publican I  am.  I  cannot  think  that  he  considers  it  worth  while  to 
soften  me.  It  is  not  worth  his  while.  I  am  not  an  object,  if  he 
should  gain  me,  and  I  trust  he  cannot  do  it  by  any  improper  means. 

January  14.  This  day  the  budget,  as  it  was  called,  was  opened 
in  the  House  of  Representatives.  An  extraordinary  rise  of  certifi- 
cates has  been  remarked  for  some  time  past.  This  could  not  be  ac- 
counted for  neither  in  Philadelphia  nor  elsewhere.  But  the  report 
from  the  Treasury  explained  all.  He  recommends  indiscriminate 
funding,  and,  in  the  style  of  a  British  minister,  has  sent  down  his 
bill.  'Tis  said  a  committee  of  speculators  in  certificates  would  not 
have  formed  it  more  for  their  advantage.  It  has  occasioned  many 
serious  faces.  I  feel  so  struck  of  an  heap,  I  can  make  no  remark  on 
the  matter. 

January  15.  Attended  at  the  Hall.  A  committee  was  appointed 
to  bring  in  a  bill  for  extending  the  judiciary  of  the  United  States 
to  North  Carolina.  Senate  adjourned. 

It  appears  that  a  system  of  speculation  for  the  engrossing  certifi- 
cates has  been  carrying  on  for  some  time. 

January  17.  I  have  attended,  in  the  minutest  manner,  to  the 
motions  of  Hamilton  and  the  Yorkers.  Sincerity  is  not  with  them. 
They  never  will  consent  to  part  with  Congress.  Advances  to  them 
are  vain.  One  session  or  two  more  here  will  fix  us  irremovably. 
We  can  move  from  here  only  by  means  of  the  Yirginians.  The  fact 
is  indubitable. 

January  18.     Senate  met,  and  adjourned. 

Hawkins,  of  North  Carolina,  said  as  he  came  up  he  passed  two 
expresses  with  very  large  sums  of  money  on  their  way  for  North 
Carolina,  for  the  purpose  of  speculation  in  certificates.  Wadsworth 
has  sent  off  two  small  vessels  for  the  Southern  States,  on  the  errand 
of  buying  up  certificates.  I  really  fear  the  members  of  Congress 
are  deeper  in  this  business  than  any  others. 

As  to  whether  Former  Bills  be  taken  up  de  novo. 

January  19, 1790.  Senate  met  at  the  usual  hour.  I  had  observed 
Ellsworth  busy  for  some  time  with  Izard.  There  had  been  some 
intercourse  between  him  and  Izard.  He  rose  with  a  motion  in  his 
hand,  which  he  read  in  his  place.  The  amount  of  it  was  that  a 
committee  should  be  appointed  to  bring  in  a  bill  defining  crimes  and 
punishments  under  the  Federal  judiciary.  He  did  not  affect  to 


IN  TUP:  FIRST  SENATE  OF  THE  UNITED  STATES.      159 

conceal  that  a  bill  of  this  nature  had  been  left  pending  before  the 
Representatives  at  the  end  of  the  last  session,  but  declared  he  wished 
to  settle  an  important  point  in  practice  whether  all  business  should, 
not  originate  de  novo  with  every  new  session.  He  then  labored 
long  to  show  that  this  was  a  new  session,  and  concluded,  as  the  ses- 
sion was  new,  everything  else  should  be  new.  Mr.  Izard  seconded 
him  in  a  speech  which  I  thought  contained  nothing  new. 

Bassett  got  up,  and  declared  that  he  had  but  just  taken  his  seat ; 
that  everything  was  new  to  him ;  that  he  could  not  determine  in 
such  haste,  and  moved  a  postponement. 

I  rose,  seconded  Bassett,  and  gave  as  additional  reasons :  that 
the  matter  had  been  acknowledged  to  be  of  great  importance ;  that 
I,  therefore,  trusted  it  would  not  be  gone  into  with  so  thin  a  repre- 
sentation of  the  Southern  States ;  that  the  most  respectable  State 
was  not  represented  at  all ;  that  I  thought  it  improper  to  attempt 
deciding  on  a  matter  which  would  go  to  regulate  the  future  proceed- 
ings of  Congress,  in  both  Houses,  as  it  would  be  fixing  a  precedent, 
without  some  communication  with  the  House  of  Representatives ; 
that  they  had  appointed  a  committee  to  bring  forward  the  unfinished 
business,  which  had  a  very  different  appearance  from  beginning  de 
novo.  Gentlemen  had  argued  much  to  show  this  was  a  new  session. 
But  granting  this,  I  could  not  see  that  the  inference  they  wished  to 
draw  from  it  would  follow.  They  need  not  fear  a  deficiency  of 
business.  There  would  be  enough  to  do  without  rejecting  the  pro- 
gress we  had  made  in  the  former  session,  &c.,  &c.,  for  I  was  up  a 
good  while. 

King  got  up.  He  labored  to  support  Ellsworth,  and  to  show 
from  parliamentary  proceedings  that  new  sessions  originated  new 
business  after  every  prorogation  of  Parliament.  He  was  long. 

I  rose,  however,  and  took  him  on  his  own  ground  with  regard  to 
the  prorogation  of  Parliaments.  Showed  that  it  was  a  prerogative 
of  the  Crown  to  prorogue  the  Parliament.  That  the  British  Crown 
generally  exercised  this  power  when  the  Parliament  went  on  what 
was  considered  as  forbidden  ground.  That  the  Parliaments  were 
forced  into  this  mode  of  procedure,  for,  when  any  Parliament  had 
been  prorogued  for  handling  disagreeable  subjects,  to  attempt  to 
take  them  up  in  the  same  stage  would  inevitably  be  followed  by  the 
same  fate.  They  were,  therefore,  obliged  to  begin  de  novo,  at  least, 
with  every  subject  the  least  disagreeable  to  the  Court ;  and,  indeed, 
it  was  the  best  policy  to  begin  all  de  wovo,  thus  affecting  to  conceal 
their  knowledge  of  the  offensive  subjects.  But  these  were  reasons 
of  conduct  which  had  no  existence  here.  The  President  had  no 
proroguing  power.  He  could  not  check  our  deliberations.  I  had 


160  SKETCHES  OF  DEBATES 

no  objection  to  adopt  rules  similar  to  those  of  the  Parliament  of 
Great  Britain  when  they  would  apply.  Not  because  they  were  in  use 
there,  but  on  the  principle  of  their  utility.  But  when  a  direct  in- 
convenience attended  them,  as  in  the  present  case,  where  the  delib- 
erations of  the  former  session  on  the  subject  before  us  would  be 
lost,  they  ought  to  be  rejected. 

Ellsworth  found  it  would  go  against  him.  He  then  moved  the 
postponement  should  be  until  to-morrow.  It  was  lost. 

Moved  it  should  be  to  Monday.  It  was  lost.  General  postpone- 
ment took  place. 

Wyngate  now  rose,  and  made  a  singular  motion.  It  was  that  the 
bills  formerly  before  the  Senate  for  regulating  the  process  in  the 
Federal  courts  should  be  taken  up. 

A  pause  ensued,  as  this  was  certainly  unfinished  business  of  the 
former  session,  the  bill  in  question  having  been  postponed  on  the 
bringing  forward  a  temporary  law. 

Langdon  said  he  would  have  seconded  the  gentleman,  but  he  con- 
sidered this  bill  as  involved  in  the  matter  which  had  just  been  post- 
poned. 

Ellsworth,  who  sometimes  contradicts  Langdon  for  the  sake  of 
contradiction,  said  it  was  not  involved  in  it,  and  seconded  Wyngate 
for  bringing  it  on,  and  on  it  was  brought.  The  Secretary  served 
the  members  of  Senate  with  copies  of  it.  Wyngate  put  it  into  the 
hands  of  the  President,  and  he  read  it  all  over,  and  was  returning  to 
the  first  paragraph,  when  Ellsworth,  finding  where  he  was,  got  up. 
Said  his  intention  was  to  second  the  gentleman  to  have  a  committee 
appointed  to  bring  in  a  bill  for  regulating  processes,  &c. 

Adams  attended  to  him,  and  without  any  question  how  to  get  rid 
of  the  bill,  Adams  put  a  question  for  a  committee,  and  a  committee 
was  accordingly  appointed. 

And  now  we  will  see  what  for  a  figure  Otis  will  make  of  the  min- 
utes in  the  morning.  I  do  not  want  to  be  captious,  but  I  must  not 
let  them  draw  this  into  precedent. 

January  20.  I  came  early  to  the  Senate  Chamber,  but  found  our 
President  and  Ellsworth  there  before  me.  Izard,  Few,  and  Schuy- 
ler  were  all  in  conference  with  Ellsworth.  The  minutes  were  no 
sooner  finished,  than  Ellsworth  rose  and  called  for  the  motion  of 
yesterday,  and  made  a  speech  in  support  of  his  motion.  It  could 
not  be  said  to  be  very  long,  though  he  said  a  great  deal.  To  do 
business,  to  prevent  idleness,  to  satisfy  our  constituents, to  prevent 
loss  of  time,  &c.,  &c.,  was  the  subjects  of  it. 

I  began,  with  declaring  that  the  gentleman's  ardor  to  do  business 
was  highly  laudable,  but  there  was  such  a  thing  as  making  more 


IN  TIN-;  FIKST  SKNATK  OF  TIIK  I'M  ri;i>  STATK-.       jr>l 

haste  th:in  good  speed.  That  if  economy,  and  to  prevent  loss  of 
tune  were  his  object,  I  thought  he  missed  the  mark,  by  attempting 
to  take  up  everything  de  novo;  for  thus  all  the  time  spent  on  the 
unfinished  business  in  the  former  session  would  be  lost;  that  I 
thought  the  present  motion  scarce  in  order.  It  had  been  moved, 
yesterday,  that  the  motion  should  be  taken  up  this  day,  and  neg- 
atived; Monday,  next,  had  also  been  negatived.  But  there  was  a 
reason  of  much  more  consequence,  which,  though  it  had  occurred 
to  me  yesterday,  I  had  forborne  to  mention  ;  but  had  since  inquired 
of  sundry  members  of  the  House  of  Representatives,  and  was  as- 
sured that  the  very  bill  in  question  was  reported  by  the  committee 
for  unfinished  business,  and  the  report  remained  on  the  Speaker's 
table  unacted  upon.  That  for  us  to  decide  on  a  business  actually 
before  the  Representatives,  I  considered  as  highly  improper,  and 
would  not  fail  of  giving  offense. 

After  I  had  done  speaking  I  left  the  Senate  Chamber,  came  down 
stairs,  called  out  General  Muhlenburg,  gave  notice,  by  him,  to  the 
Speaker,  how  much  I  wanted  the  report  of  the  committee. 

Mr.  Buckley  was  good  enough  to  send  up,  by  the  door-keeper, 
the  original  report.  I  got  it — found  the  bill  reported  as  I  had 
mentioned.  Returned,  and  read  in  my  place  the  part  I  had  alluded 
to. 

The  affair  took  now  a  new  turn,  and  a  motion  was  made  to  ap- 
point a  committee  to  confer  on  the  subject,  with  a  committee  of 
the  other  House. 

I  rose,  and  enforced  this  with  all  the  energy  I  was  master  of.  It 
wns  carried,  and  the  committee  were  Langdon,  Henry,  and  myself. 
The  Yorkers  lost  countenance  when  they  saw  the  committee,  but 
now  they  brought  forward  a  curious  motion.  It  was  to  take  the 
sense  of  the  Senate,  in  order  that  it  might  stand,  as  a  rule  of  con- 
duct, for  the  committee. 

I  rose  against  this  with  all  my  might.  I  have  not  time  to  set 
down  my  arguments ;  they  are  obvious.  Several  followed  me.  I 
had.  however,  concluded  with  a  motion  for  postponement,  which 
was  seconded.  They  saw  how  it  would  go,  and  withdrew  their 
motion. 

The  members  of  the  committee  on  the  part  of  the  Representa- 
tives, are  Sherman,  Thatcher,  Hartley,  Jackson,  and  White — to 
meet  to-morrow,  at  ten  o'clock. 

January  22.  I  met  the  committee  a  few  minutes  after  ten.      KIls- 
worth  began  a  long  discourse,  and  concluded  for  all  business  which 
had  passed  between  the  Houses   to  begin  de  novo.     He,  Jackson, 
and  White,  had  much  parliamentary  stuff;  l>ut    Hartley   had   s.. nu- 
ll 


162  SKETCHES  OF  DEBATES 

books,  and  the  precedents  were  undoubtedly  against  them.  Ells- 
worth made  room  for  Henry  to  speak,  by  desiring  him  to  do  so, 
from  which  it  was  plain  enough  that  they  had  communicated.  He 
seemed  willing  I  should  not  speak.  I,  however,  made  way  for  my- 
self, and  reprobated  every  idea  of  precedent  drawn  from  England, 
though  I  declared  if  notice  were  to  be  taken  of  them,  I  thought 
they  were  made  for  us.  I  read  from  the  Journals  the  postpone- 
ment of  the  bill,  which  I  told  them  plainly  had  given  rise  to  the 
present  contest.  On  motion ?  that  the  further  consideration  of  the 
bill  be  postponed  to  the  next  session  of  Congress,  it  passed  in  the 
affirmative. 

By  the  minutes  on  the  journals,  the  bill  must  be  taken  up  in  the 
present  session.  Any  proceeding  of  a  contrary  nature  must  depend 
on  an  ex  post  facto  principle.  We  may  enter  into  rules  for  the  fu- 
ture government  of  our  conduct,  but  the  past  is  out  of  our  power, 
constitutionally  speaking.  The  general  practice  of  all  the  Legisla- 
tures is  in  favor  of  taking  up  the  unfinished  business  in  the  state 
they  were  left.  So  far  is  this  from  being  considered  as  improper, 
that  the  constitutions  of  some  of  the  States  enjoin  it  as  a  principle, 
that  no  bill,  unless  in  case  of  necessity,  shall  be  enacted  into  a  law 
in  the  same  session  in  which  it  originated.  It  is  the  common  prac- 
tice, in  all  the  arrangements  of  life.  It  stands  highly  recommended 
by  economy,  which  is  certainly  a  republican  virtue.  I  considered 
it  undeniably  certain,  that  a  particular  fact  had  given  rise  to  this 
whole  business.  Here  then,  to  control  a  single  incident,  we  are  at- 
tempting to  establish  a  general  rule.  This  is  inverting  the  order 
of  business  with  a  witness ;  and  to  get  rid  of  a  particular  bill  must 
involve  ourselves  in  perpetual  inconvenience. 

Mr.  White  alleged  the  opinion  was  not  new.  I  appealed  to  the 
minutes  of  both  Houses,  where  bills  had  been  postponed  to  this 
session.  In  the  Senate,  the  bill  for  the  permanent  residence  ;  in 
Chamber  of  Representatives,  the  bill  on  crimes  and  punishments. 
It  was  in  vain  to  argue.  The  vote  went  against  us ;  and  a  report 
agreed  to,  that  the  bills  which  had  been  in  passage  between  the  two 
Houses  should  be  regarded  as  if  nothing  had  passed  in  either,  re- 
specting them ;  or  words  to  that  amount. 

After  the  report  was  made  in  the  Senate,  our  President  wanted 
us  to  proceed  immediately  on  it.  I  moved  some  delay,  and  it  was 
postponed  to  Monday. 

Saturday,  23.  This  was  a  most  delightful  day. 

January  25.  The  Senate  met,  and  the  President  informed  the 
House  of  the  order  of  the  day,  to  take  up  the  report  of  the  joint 
committee. 


JL\  TILK   Fli:ST  Sl-;\  VI  I'J  OF  THE  UNITED  STATES.          168 

I  rose  and  observed,  that  I  saw  many  empty  seats  ;  the  Senate 
was  thin.  I,  therefore,  wished  for  a  little  delay  until  the  members 
were  collected.  After  the  House  filled,  the  business  was  entered 
on.  Mr.  Morris  showed  a  disinclination  to  rise.  Mr.  Bassett  was 
up,  and,  after  he  sat  down,  I  hinted  to  Mr.  Morris  a  point  that  I 
thought  might  be  proper  in  support  of  Bassett.  Said  he  had  better 
use  ;  if  he  did  not,  I  would.  He  said  he  thought  I  had  better  not. 

I  rose,  however,  and  one  word  brought  on  another.  All  the  argu- 
ments of  the  committee  were  had  over  again,  much  enlarged  and 
amplified.  I  was  four  times  up  in  all ;  for  the  two  last  times  I  asked 
leave.  I  really  thought  I  had  the  advantage  over  both  Ellsworth 
and  Henry ;  but  when  is  it  that  I  do  not  think  well  of  my  own  argu- 
ments ?  I  found  that  I  had  made  some  impression  on  Izard.  He 
was  up,  and  concluded  with  saying  something  that  seemed  like  a 
wish  for  farther  time  to  deliberate.  I  rose,  said  I  considered  what 
the  honorable  gentleman  had  said  as  amounting  to  a  motion  for 
postponement,  and  I  begged  leave  to  second  him.  He  said  he  wished 
it  postponed. 

But  now,  Patterson  rose  on  our  side ;  but  he  displeased  Izard, 
and  the  question  on  the  postponement  was  put ;  but  we  lost  it  after 
I  had  been  twice  up.  But  it  was  all  in  vain.  Cicero,  with  all  the 
powers  of  Apollo,  could  not  have  turned  the  vote  in  our  favor.  I 
had  a  small  scheme  in  protracting  the  time  until  the  other  House 
would  break  up,  that  the  example  of  our  House  might  not  add  any 
weight  to  their  scale  of  deliberation  ;  and  I  hoped  that  in  the  mean- 
time they  might,  perhaps,  pass  on  the  business. 

M  r.  Morris  stuck  fast  to  his  seat,  nor  did  he  rise  or  say  a  word 
daring  the  whole  time.  Eight  voted  for  us,  and  ten  against  us. 
The  yeas  and  nays  were  called.  The  vote  was  hurried  down  into 
the  chamber  of  the  Representatives,  and  they  adopted  it  almost 
without  a  division. 

January  26.  A  committee  was  moved  for,  to  bring  in  a  bill  for 
ascertaining  crimes  and  punishments  under  the  Federal  Legislature. 
The  committee  were  appointed,  withdrew  for  a  few  moments  into 
the  Secretary's  office — returned  with  the  old  bill,  which  had  been 
before  us  last  session,  and  reported  it.  This  was  really  ridiculous ; 
but  the  vote  of  yesterday  seemed  to  call  for  it. 

Butler  moved  that  a  letter  from  some  foreigner  should  be  sent  to 
the  chamber  of  Representatives.  The  letter  had  been  read  formerly, 
but  in  so  low  a  voice  that  I  could  not  tell  a  word  of  it.  It  was  not 
read  now.  Mr.  Morris  left  his  seat  and  went  and  looked  at  it ;  came 
back  and  said  nothing  about  it.  I  was  silent  on  Butler's  motion. 
But  when  I  came  home,  the  Speaker  immediately  attacked  me  for 


164  SKETCHES  OF  JJEBATES 

the  absurdity  of  our  conduct  in  sending  them  a  letter  of  much  im- 
portance, touching  proposals  of  a  treaty  with  the  Republic  of  Genoa. 
I  really  knew  nothing  of  the  letter,  but  it  was  my  own  fault ;  and 
it  really  ought  to  be  a  lesson  to  me  and  every  Senator  to  attend 
well  to  what  is  done  at  our  chamber. 

January  27.  The  bill  of  yesterday  was  read  by  paragraphs.  It 
was  curious  to  see  the  whole  Senate  sitting  silent  and  smiling  at 
each  other,  and  not  a  word  of  remark  made  or  making  on  the  bill. 

Ellsworth  rose  to  inform  Ihe  Senate  that  it  was  the  same  bill  which 
had  been  gone  through  all  the  forms  in  the  last  session. 

Strong  moved  an  amendment,  however,  that  the  judges  should 
issue  the  warrants  for  execution  of  criminals. 

I  rose  and  showed,  from  the  Constitution,  that  the  President  of 
the  United  States  had  the  power  of  granting  pardon  in  all  cases 
except  those  of  impeachment ;  that  by  the  judges  taking  on  them 
to  issue  the  warrants,  the  opportunity  of  his  granting  pardon  was 
taken  away. 

Ellsworth,  according  to  custom,  supported  his  bill  through  thick 
and  thin.  There  was  a  great  deal  said,  and  I  was  up  three  or  four 
times.  I  moved  a  postponement  of  the  clause,  and  it  was  carried. 

Hawkins,  the  new  member  from  North  Carolina,  rose  and  objected 
to  the  clause  respecting  the  benefit  of  clergy.  He  was  not  very 
clear. 

I,  however,  rose,  really  from  motives  of  friendship,  I  will  not  say 
compassion,  for  a  stranger.  I  stated  that  as  far  as  I  could  collect 
the  sentiments  of  the  honorable  gentleman,  he  was  opposed  to  our 
copying  the  law  language  of  Great  Britain.  That  for  my  part,  I 
wished  to  see  a  code  of  criminal  law  for  the  Continent,  and  I  wished 
to  see  a  tone  of  originality  running  through  the  whole  of  it.  I  was 
tired  of  the  servility  of  imitating  English  forms.  I  could  not  say 
whether  the  bill  would  not  be  materially  injured  by  leaving  out  the 
clause.  I  wished  it  should  be  left  out,  but  I  thought,  at  any  rate, 
it  had  better  be  postponed.  It  was  postponed. 

Received  sundry  letters  this  day  from  Philadelphia.  I  told  Mr. 
Morris  that  the  chancery  was  rejected.  [This  probably  refers  to 
action  in  the  convention  in  Pennsylvania  for  the  formation  of  a 
new  Constitution.]  He  said  he  was  sorry  for  it.  I  said  frankly, 
that  is  not  my  case.  He  asked,  is  there  anything  further  ?  I  told 
him  a  sharp  debate  had  taken  place,  whether  persons  holding  Fed- 
eral appointments  could  act  under  State  commissions,  which  had 
been  determined  in  the  negative.  He  replied,  this  is  leveled  at  me 
and  Wilson.  My  friends  have  named  me  for  Governor,  and  Wilson 
for  Chief  Justice  ;  but  I  will  save  them  the  trouble  by  declaring  oft*. 


T\  THE  FIKST  SENATE  OF  THI-:  KMTED  STATES.       165 

January  28.  Attended  at  the  Senate  Chamber.  The  bill  for 
crimes  and  punishments  was  taken  up.  Strong's  amendment  was 
rejected,  and  I  offered  one,  which  was  also  rejected,  and  the  bill 
passed.  .Bassett  moved  something  like  an  amendment.  He  went 
to  Kllsworth,  and  it,  between  them,  was  really  altered  for  the  better. 

The  Carolina  bill  was  now  taken  up,  and  specially  committed  to 
Hawkins,  Ellsworth,  and  Butler. 

Mr.  Lear,  from  the  President,  communicated  the  act  of  Rhode  Isl- 
and appointing  a  convention. 

There  was  a  request  also  from  some  public  characters  of  the  State 
requesting  a  suspension  of  the  effects  of  the  funding  law  respecting 
that  State. 

Kllsworth  moved  that  the  same  committee  might  bring  in  a  clause 
for  the  Rhode  Islanders. 

I  voted  against  this,  and  gave  as  a  reason :  That  as  it  respected  the 
revenue,  although  not  raising  it,  yet  it  should  be  left  to  the  other 
House. 

Mr.  Morris  this  day,  as  he  sat  beside  me  in  our  places  in  the  Sen- 
ate, whispered  to  me  that  he  would  not  be  as  regular  in  his  attend- 
ance as  he  used  to  be.  That  he  was  engaged  in  settling  his  public 
accounts,  which  would  engage  him  for  a  great  part  of  his  time. 

I  remarked  that  cannot  be  helped.  The  business  is  a  necessary 
one.  Indeed,  I  think  it  highly  so  to  him,  if  he  regards  his  reputa- 
tion ;  and,  in  my  opinion,  he  has  left  it  too  long  at  stake  already. 

Friday,  January  29.  Samuel  Jackson,  one  of  the  Senators  from 
North  Carolina,  attended;  was  sworn;  and  he  and  his  colleague 
were  classed. 

A  letter  was  received  from  the  Treasurer  of  the  United  States,  with 
his  accounts.  They  were  read  by  the  Secretary,  and  attended  to 
with  great  listlessness  by  the  Senate.  The  amount  was  $350,207  24, 
and  may,  generally  speaking,  be  called  civil  list  disbursements,  and 
said  to  be  expended  in  New  York. 

1790,  February  1.  This  was  an  unimportant  day  in  the  Senate. 
The  North  Carolina  members  produced  an  act  of  session,  which  was 
committed.  But  Mr.  Ellicott  sent  in  for  me, and  I  chatted  with  him 
in  the  committee-room  until  the  Senate  was  about  to  adjourn,  which 
was  early. 

Mr.  Hamilton  is  very  uneasy,  as  far  as  I  can  learn,  about  his  fund- 
ing system.  He  was  here  early  to  wait  on  the  Speaker,  and,  I  be- 
lieve, spent  most  of  his  time  in  running  from  place  to  place  among 
the  ineinl>er>. 

Mi.  Hllicott's  accounts  of  the  Falls  of  Niagara  are  amazing,  in- 
deed. I  communicated  to  him  my  scheme  of  an  attempt  to  account 


166  SK.KTnrKs  AisrD  DEBATES 

for  the  age  of  the  world,  or,  at  least,  to  fix  the  period  when  the 
waters  began  to  cut  the  ledge  of  rock  over  which  it  falls.  The  dis- 
tance from  the  present  pitch  to  where  the  fall  originally  was  is  now 
seven  miles.  For  this  space  a  tremendous  channel  is  cut  in  a  solid 
limestone  rock,  in  all  parts  one  hundred  and  fifty  feet  deep,  "but  near 
two  hundred  and  fifty  at  the  mouth  or  part  where  the  attrition 
began.  People  who  have  known  the  place  since  Sir  William  John- 
son took  possession  of  it,  about  thirty  years  ago,  give  out  that  there 
is  an  attrition  of  twenty  feet  in  that  time.  Now,  if  twenty  feet  = 
thirty  years  =  seven  miles,  or  thirty-six  thousand  nine  hundred  and 
sixty  feet,  -~  answer  fifty-five  thousand  four  hundred  and  forty  years. 

February  3.  The  Speaker  and  Gen.  Muhlenburg  made  a  point  of 
my  going  with  them  to  dine  with  Mr.  Fitzsimmons  and  Clymer.  I 
would  not  go  until  they  declared  that  they  had  authority  to  invite 
me.  I  went. 

The  company  were  Pennsylvaiiians.  No  discourse  happened  un- 
til after  the  bottle  had  circulated  pretty  freely.  Mr.  Scott  joined 
us.  He  declared  it  was  in  vain  to  think  of  any  place  but  the  Potow- 
mack. Mr.  Wynkoop  declared  the  utmost  readiness  to  go  to  the 
Potowmack.  Mr.  Fitzsimmons  seemed  to  bark  in  for  some  time. 
Clymer  declared,  over  and  over,  he  was  ready  to  go  to  the  Potow- 
mack. 

After  some  time,  I  spoke  most  decidedly  and  plainly.  I  will  not 
go  to  the  Potowmack.  If  we  once  vote  for  the  Potowmack  the  die 
is  cast,  Pennsylvania  has  lost  it,  and  we  never  can  return.  I  will 
bear  with  the  inconveniences  of  New  York  much  longer  rather  than 
do  it.  At  one  time,  when  they  were  regretting  the  influence  of  New 
York  in  keeping  us  here,  I  said,  gentlemen,  we  once  had  it  in  our 
power  to  fix  ourselves  elsewhere.  As  the  Scotchman  said,  in  his 
prayers,  we  were  left  to  the  freedom  of  our  own  will,  and  a  pretty 
hand  we  have  made  of  it. 

February  4.  This  an  unimportant  day  in  the  Senate.  The  bill 
for  extending  the  impost  to  North  Carolina  was  brought  in  to  be 
signed.  The  President  got  up,  and  had  a  good  deal  to  say — that  a 
question  was  put  in  the  House  of  Representatives ;  and  if  gentle- 
men wished  any  other  method  they  should  say  so. 

Ellsworth  was  immediately  up.  Said  all  was  perfectly  right.  The 
House  had  passed  the  bill,  they  had  nothing  more  to  do  with  it. 

Strong  got  up.  Had  some  sleeveless  things  to  say  about  the 
practice  of  Parliament,  but  concluded  all  was  right. 

I  got  up  and  declared,  since  gentlemen  were  speaking  their  minds, 
I  would  declare  that  I  thought  the  business  wrong.  That  after  both 
Houses  had  elaborately  argued  and  passed  a  bill,  it  was  referred  to 


Ix  TIN-:  FIRST  SKNATK  OF  THK  I'MTKD  STATKS.       167 

a  committee  of  one  from  the  Senate  and  two  from  the  House  of 
Representatives.  That  it  was  then  in  their  power  to  alter  the  lull. 
If  they  were  bad  men,  there  was  no  check  on  them.  If  even  a  mem- 
ber knew  of  a  bill  to  be  vitiated,  he  could  not  correct  it.  An  if  or 
an  and  might  most  materially  affect  a  bill.  The  change  of  the  tense 
of  a  verb  might  alter  a  whole  sentence.  I  was  clearl}'  of  opinion 
every  bill  ought  to  be  compared  at  the  table  ;  and  as  the  President, 
when  he  signed  a  bill,  did  it  for  and  in  the  name  of  the  Senate,  the 
question  should  be  put :  Shall  it  be  signed  or  no  ? 

It  was,  however,  of  no  avail,  nor,  indeed,  did  I  conclude  with  any 
motion ;  but  meant  my  observations  to  open  the  way  for  taking  up 
the  business  some  other  time. 

Hints  were  thrown  out  about  uniting  the  delegation,  and  much 
could  be  done  by  their  effort.  I  wonder  if  they  are  silly  enough  to 
think  that  their  arts  cannot  be  seen  through.  The  government  of 
Pennsylvania  is  the  object. 

The  Speaker  mentioned  Charles  Thompson  as  having  been  spoken 
of.  Clymer  said,  in  such  a  tone  of  voice  as  he  did  not  expect  me 
to  hear,  "  He  will  make  a  good  Senator."  Perhaps,  if  I  were  to 
consult  my  own  feelings  and  general  interest,  I  would  wish  Charles 
Thompson,  or  any  other  person  in  my  room. 

Mr.  Morris  threw  a  paper  on  the  table  before  the  Speaker.  The 
Speaker  took  it  up.  Clymer  muttered  something.  Fitzsimmons 
looked  confused,  and  went  away.  I  will  know  what  this  paper  was. 
Mr.  Morris  said  I  am  quite  off  with  the  Yorkers.  I  will  have  noth- 
ing more  to  do  with  them.  I  cannot  penetrate  the  scheme  of  the 
Philadelphia  junto  as  to  the  person  they  contemplate  for  Governor. 
A  man  who  will  be  their  tool  is  the  design ;  but  they  have  not  yet 
fixed  on  the  particular  object. 

5.  This  morning  at  breakfast  the  Speaker  told  me  what  the 
paper  was.  The  Yorkers  had  stipulated,  under  their  hands,  to  go 
to  the  Susquehanna,  and  the  Pennsylvania  delegation,  myself  ex- 
cepted,  (who,  by  the  by,  was  the  moving  spring  of  the  business,) 
had  agreed,  under  their  hands,  to  stay  two  years  in  New  York.  This 
engagement  of  the  Pennsy  Iranians  had  been  in  the  hands  of  the 
Yorkers  until  now ;  that  Mr,  Morris  had  possessed  himself  of  it- 
had  crossed  the  names,  and  now  showed  it  at  the  same  time  that  he 
made  the  declaration  against  having  anything  to  do  with  the  York 
ers.  Well  might  I  say  aa  pretty  hand  we  made  of  it." 

Under  date  of  February  6,  Mr.  Maclay  observes  that  the  charges 
against  Mr.  Morris  are  not  as  financier,  but  as  chairman  of  the 
secret  committee  of  Congress,  and  for  money  received  as  a  mer- 
chant in  the  beginning  of  the  business. 


168  SKETCHES  OF  DEBATES 

February  8.  Attended  Senate.  The  first  business  that  presented 
itself,  was  a  letter  from  R.  Morris  to  the  President,  inclosing  a  long 
memorial  praying  commissioners  to  be  appointed  to  inquire  into 
his  conduct  while  financier,  and  mentioning  his  unsettled  accounts 
as  a  partner  in  the  house  of  Willing  &  Morris,  which  were  in  train 
of  settlement.  He  requested  the  memorial  might  stand  on  our 
minutes.  Some  little  objection  was  made.  No  particular  vote  was 
taken,  and  it  went  on,  of  course. 

February  9.  Mr.  Morris'  memorial  was  committed  this  day  to 
Izard,  Henry,  and  Ellsworth.  * 

10.  Attended  the  Senate.  The  committee  reported  yesterday, 
while  I  was  out,  on  Mr.  Morris'  memorial,  that  the  prayer  of  it 
should  be  granted. 

There  was  no  order  of  the  day.  I  wished  to  hear  the  debates  of 
the  House  of  Representatives,  and  went  down  and  found  Madison 
up.  He  had  got  through  the  introductory  part  of  his  speech, 
which  was  said  to  be  elegant.  The  ground  I  found  him  on,  was 
the  equity  power  of  Government  in  regulating  of  property,  which 
he  admitted  in  the  fullest  manner,  with  this  exception,  when  the 
State  was  no  party.  The  United  States  owe  justly  and  fairly  the 
whole  amount  of  the  federal  debt.  The  question  then  is,  to  whom 
do  they  owe  it  ?  In  this  question  they  are  not  interested,  as  the 
amount  is  the  same,  let  who  will  receive  it.  The  case  of  the  orig- 
inal holder  admits  of  no  doubt.  But  what  of  the  speculator,  who 
paid  only  a  trifle  for  the  evidences  of  the  debt.  The  end,  however, 
of  his  speech  produced  a  revolution,  to  the  following  effect :  That 
the  whole  should  be  funded ;  but  that  in  the  hands  of  speculators 
at  the  highest  market  price  only,  and  the  surplus  to  the  original 
holder,  who  performed  the  service. 

The  debate  lasted  to  the  hour  of  adjournment,  and  they  rose 
without  deciding. 

Dined  this  day  with  General  Knox.  The  company  large  and  splen- 
did, consisting  of  the  diplomatic  corps,  members  of  Congress,  &c. 

February  12.  Attended  the  Hall.  The  order  of  the  day  was,  to 
take  up  the  enumeration  bill.  I  objected  to  the  whole  of  a  lengthy 
schedule,  and  moved  a  commitment.  I  was  seconded,  but  some 
gentlemen  wishing  to  proceed  on  the  bill  till  they  came  to  the  clause, 
I  withdrew  my  motion. 

Ellsworth  came  forward  with  a  motion  to  strike  out  the  clause 
about  the  marshal,  and  insert  one  to  do  it  by  a  commissioner.  I 
opposed  him — was  joined  by  Patterson. 

I  got  a  hard  hit  at  Ellsworth.  He  felt  it,  and  did  not  reply. 
The  bill  was  immediately  after  committed,  and  the  Senate  adjourned. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      169 

Kl  Is  worth  came  laughing  to  me,  said  he  could  have  distinguished 
with  respect  to  the  point  I  brought  forward.  I  said:  Ellsworth,  a 
111:111  must  knit  his  net  close  that  can  catch  you ;  but  you  trip  some- 
tiiiH-s  ;  so  we  had  a  laugh,  and  parted.  Went  immediately  into  the 
Representative  Chamber,  but  the  whole  day  was  spent  on  the 
(Quaker  memorial  for  the  abolition  of  slavery. 

February  13.  I  called  on  Mr.  Scott,  and  endeavored  to  give  him 
every  argument  in  my  power  against  Hamilton's  report.  I  shall 
not  minute  them  here.  I  wish,  however,  to  arm  him  and  every 
friend  to  discrimination,  with  every  possible  argument ;  as  I  fear, 
if  the  business  is  lost  with  them,  there  will  be  small  chance  with  us. 

February  15.  Attended  in  Senate.  Our  President  produced  the 
petitions  and  memorials  of  the  Abolition  Society.  He  did  it  rather 
with  a  sneer,  saying  he  had  been  honored  with  a  visit  from  a  soci- 
ety, a  self  constituted  one,  he  supposed.  He  proceeded  to  read  the 
petitions  and  memorials.  Izard  and  Butler  had  prepared  them- 
selves with  long  speeches  on  the  occasion.  Izard,  in  particular, 
railed  at  the  society — called  them  fanatics,  &c.  Butler  made  a  per- 
sonal attack  on  Dr.  Franklin,  and  charged  the  whole  proceding  to 
anti-Federal  motives  ;  that  the  doctor,  when  member  of  convention, 
had  consented  to  the  Federal  compact.  Here  was  he  acting  in  di- 
rect violation  of  it.  The  whole  business  was  designed  to  overturn 
the  constitution. 

I  was  twice  up.  The  first  time,  I  spoke  generally  as  to  the  be- 
nevolent intentions  of  the  society,  &c.,  &c.  Upon  Butler's  attack, 
I  requested  Mr  Morris  to  rise  and  defend  him.  King  was  up  speak- 
ing in  favor  of  the  Carolina  gentlemen.  I  remarked,  King  is  court- 
ing them.  Yes,  said  he,  and  I  will  be  silent,  from  the  same  motive 
that  makes  him  speak.  He  then  bade  me  rise.  I  did  so.  Showed 
that  the  doctor  was  the  head  of  a  society  which  was  not  of  yester- 
day. That  he  could  not  strictly  have  the  acts  of  the  society  charged 
to  his  personal  account.  That  the  society  had  persevered  in  the 
same  line  of  conduct  long  before  the  constitution  was  formed  ;  that 
there  was  nothing  strictly  novel  in  their  conduct,  &c.,  &c. 

Nothing  was  done  or  moved  to  be  done,  as  the  matter  is  in  com- 
mitment with  the  Representatives,  where  the  measure  has  many 
friends. 

Adjourned,  and  went  to  hear  the  debates  in  the  lower  House. 
Se<lo\\  ick,  Lawrence,  Smith,  and  Ames  took  the  whole  day.  They 
seemed  to  aim  all  at  one  point,  to  make  Madison  ridiculous.  Ames 
delivered  a  long  string  of  studied  sentences,  but  he  did  not  use  a 
single  argument  that  seemed  to  leave  an  impression.  He  had  pub- 
lic faith,  public  credit,  honor,  and,  above  all,  justice,  as  often  over 


170  SKETCHES  OF  DEBATES 

as  an  Indian  would  the  Great  Spirit,  and,  if  possible,  with  less 
meaning,  and  to  as  little  purpose.  Hamilton,  at  the  head  of  the 
speculators,  with  all  the  courtiers,  are  on  one  side.  These  I  call  the 
party  who  are  actuated  by  interest.  The  opposition  are  governed 
by  principle.  But  I  fear  in  this  case  interest  will  outweigh  prin- 
ciple. 

The  enumeration  bill  was  before  us.  The  point  at  which  I  aimed 
at  was  to  begin  the  enumeration  in  April,  that  so  the  census  might 
be  taken  before  our  election  ;  and  the  universal  belief  is  that  Penn- 
sylvania would  be  a  gainer. 

Butler  moved  to  have  the  tii&e  extended  one  year  from  the  1st  of 
August  next. 

Here  I  threw  in  the  most  pointed  opposition,  and  laid  down  the 
principles  of  the  amendment  which  I  proposed. 

Ellsworth  said  he  would  be  for  extending  the  time  to  nine  months, 
and  Mr.  Morris,  to  my  astonishment,  rose,  and  supported  Ellsworth 
for  the  nine  months.  So  Butler's  motion  was  carried. 

The  arguments  I  used  were  that  every  measure  tending  to  give 
the  people  confidence  in  our  government  should  be  adopted  with- 
out delay.  The  present  representation  was  on  a  suppositions  enu- 
meration, and  was  believed  to  be  erroneous.  A  second  election, 
therefore,  ought  not  to  proceed  on  such  uncertain  ground,  &c. 

February  17.  The  business  done  this  morning  was  receiving  the 
report  of  the  committee  to  whom  was  committed  the  sixth  clause 
of  the  enumeration  bill.  It  had  been  recommitted  at  the  instant  and 
urgent  motion  of  Mr.  Butler,  and  the  committee,  as  if  to  insult  him 
reported  the  clause,  without  alteration.  The  bill  was  passed  ;  and 
ordered  for  a  third  reading  to-morrow.  Adjourned,  and  went  to 
hear  the  debates  in  the  Chamber  of  Representatives. 

18.  We  had  a  message  this  day  from  the  President  of  the  United 
States  respecting  the  boundary  between  Nova  Scotia  and  the  State 
of  Massachusetts.  A  committee  was  appointed  some  time  ago,  to 
whom  the  business  was  referred. 

The  report  of  the  committee  on  the  cession  from  North  Carolina 
was  called  up.  Some  time  spent  on  it,  and  it  was  postponed  to  Mon- 
day next. 

The  Senate  now  adjourned,  and  we  went  into  the  lower  House  to 
hear  the  debates  on  Mr.  Madison's  motion.  Madison  had  been  up 
most  of  the  morning,  and  was  said  to  have  spoken  most  ably,  in- 
deed. He  seemed  rather  jaded  when  I  came  in.  He  had  early  in 
this  business  been  called  on  to  show  a  single  instance  where  any- 
thing like  the  present  had  been  done.  He  produced  an  act  of  Par- 
liament in  point  in  the  reign  of  Queen  Anne.  But  now  the  gentle- 


l.\  TJ IK  FIRST  SK.NATK  OF  TIN-;  IM'i  KJ>  STATKS.      171 

man  quitted  this  ground,  and  cried  out  for  rigid  right  on  law  prin- 
ciples. Madison  modestly  put  them  in  mind  that  they  had  challenged 
him  on  this  ground,  and  he  had  met  them  agreeably  to  their  wishes. 
Adjourned,  without  the  question. 

February  1 9.  Went  to  hear  the  debates  in  the  rfouse  of  Repre- 
sentatives, but  they  were  dull  and  uninteresting,  and  yet  the  ques- 
tion was  not  put.  All  parties  seemed  tired,  yet  unwilling  to  give  out. 
I  am  vexed  with  them.  The  real  good  and  care  of  the  country  seems 
not  to  enter  into  all  their  thoughts.  The  very  system  of  the  Secre- 
tary's report  seems  to  be  to  lay  as  much  on  the  people  as  they  e:m 
bear.  Madison's  yields  no  relief  as  to  the  burden,  but  affords  some 
alleviation  as  to  the  design  the  tax  will  be  laid  for  ;  and  is,  perhaps, 
on  that  account  more  dangerous,  as  it  will  be  readier  submitted  to. 
There  is  an  obstinacy,  a  perverse  peevishness,  a  selfishness,  which 
shuts  him  up  from  all  free  communication.  He  will  see  Congress 
in  no  other  light  than  as  one  party.  He  seems  to  prescribe  to  them 
to  follow  laws  already  made,  as  if  they  were  an  executive  bod}'. 
Whereas,  the  fact  is  that  the  majority  of  the  people,  say  three  mil- 
lions, (the  payers,)  and  the  holders  of  certificates,  a  few  thousands, 
(the  receivers,)  are  the  parties,  and  the  business  of  Congress  is  to 
legislate  on  the  principles  of  justice  between  them.  A  funding  sys- 
tem will  be  the  consequence — that  political  gout  of  every  govern- 
ment which  has  adopted  it — with  all  our  western  lands  for  sale,  and 
purchasers  every  day  attending  at  the  Hall  begging  for  contracts. 
What  villainy  to  cast  the  debt  on  posterity.  But  pay  the  debt,  or 
even  put  it  in  a  train  of  payment,  and  you  no  longer  furnish  food  for 
speculation.  The  great  object  is  by  funding,  &c.,  to  raise  the  certi- 
ficates to  par;  thus  the  speculators,  who  now  have  them  nearly  all 
engrossed,  will  clear  above  three  hundred  per  cent. 

Saturday,  20th  February.  The  Speaker  mentioned  at  dinner  how 
accommodating  Fitzsimmons  had  been — that  he  had  declared  Mifflin 
must  not  be  Governor  ;  if  he  was,  they  would  be  worse  off  than  if 
no  new  Constitution  had  been  made.  They  then  naturally  agreed 
that  Mr.  Morris's  memorial  should  be  pushed  in  Congress  as  the 
grand  preparatory  for  his  appointment  to  the  Government. 

I  have  observed  a  kind  of  spirit  of  uncertainty  hover  over  the 
Representative  body — a  want  of  confidence  either  in  the  Secretary's 
scheme,  or  in  Madison's  proposal.  Like  a  flight  of  land  fowl  at  sea, 
they  seem  bewildered,  and  wish  for  a  resting  place,  but  distrust  every 
object  that  offers.  I  think  now  would  be  the  time  to  fix  them  on 
some  moderate  measure.  I  drew  the  following  resolutions  . 

Resolved,  That  funds  "be  immediately  provided  sufficient,  to  pay 
three  per  cent,  on  the  domestic  debt  of  the  United  States,  which  h:i* 


172  SKETCHES  OF  DEBATES 

been  liquidated  before  the  4th  of  March  last,  and  that  the  same  be 
paid  annually  to  the  persons  holding  the  evidences  of  such  debts 
upon  their  application  for  the  same. 

Resolved,  That  a  land  office  be  opened  for  the  sale  of  the  western 
territory,  in  wnieh  certificates  of  the  domestic  debt  only  shall  be 
receivable,  to  operate  as  a  sinking  fund  for  the  extinguishment  of 
the  said  debt,  and  the  arrears  of  interest  due  on  the  same. 

I  went  with  these  resolutions  to  Mr.  Scott's  lodgings.  (He  was 
not  in,  but  Mr.  Maclay  afterwards  saw  him,)  and  he  observed:  UI 
gave  him  my  sentiments  on  the  trim  of  his  house,  and  read  the  reso- 
lutions, explaining  as  a  kind  of  interim  or  passo  tempo,  on  some- 
thing that  would  perhaps  take,  as  nothing  was  committed  or  decided 
finally  on.  The  child,  however,  was  not  his  own,  but  he  declared 
that  if  Madison  would  join,  they  could  be  carried.  I  wished  him 
to  communicate  with  Madison.  He  was  afraid  of  Madison's  pride. 
I  agreed  to  do  it,  and  to  communicate  the  result  to  him.  Called, 
but  Madison  was  out." 

Monday,  22.  Called  on  Madison.  He  made  me  wait  long.  He  came 
down  stairs  and  returned  with  me  to  his  room.  I  enlarged  on  the 
business  before  the  House  as  much  as  I  thought  my  time  would  allow. 
Told  him  plainly  there  was  no  chance  of  his  succeeding.  It  hurt 
his  Littleness.  I  do  not  think  he  believed  me.  I  read  the  resolu- 
tions. I  do  not  think  he  attended  to  one  word  of  them,  so  much 
did  he  seem  absorbed  in  his  own  ideas.  I  put  them  into  his  hand. 
He  offered  them  back  without  reading  them.  I  did  not  readily  hold 
out  my  hand  to  take  them.  He  tendered  them  a  second  time.  I 
took  them,  and  then,  by  degrees,  wound  up  my  discourse  so  as  to 
draw  to  the  point  of  wishing  him  a  good  morning.  His  pride  seems 
of  that  kind  which  repels  all  communication.  He  appears  as  if  he 
could  not  bear  the  condescension  of  it. 

Went  to  the  Senate.  A  motion  was  made  to  adjourn.  Izard 
objected — expected  some  resolutions  would  be  sent  in  from  the 
House  of  Representatives,  to  wait  on  the  President,  with  compli- 
ments on  his  birth-day,  &c,  I  took  my  hat  and  came  down  stairs. 
Those  who  stayed  were  disappointed.  Madison's  matter  was  over 
before  I  came  down,  and  a  poor  show  his  party  made.  The  obsti- 
nacy of  this  man  has  ruined  the  opposition.  The  Secretary's  report 
will  now  pass  through,  perhaps  unaltered.  I  could  not  help  ob- 
serving that  now  both  Fitzsimmons  and  Clymer  spoke,  and  they  were 
Secretary  all  over.  Fitzsimmons  gave  me  notice  of  a  meeting  of 
the  Pennsylvania  delegation  at  his  lodgings  at  six  o'clock.  I  went. 
The  ostensible  reason  was  to  consult  on  the  adoption  of  the  State 
debts;  but  the  fact  to  tell  us  that  they  were  pre-determined  to  do  it. 


IN  THK  I'1 1 1 IST  SKXATK  OF  THK  UXITKD  STATKS.      173 

riymcr,  strange  to  tell,  expatiated  on  the  growing  grandeur  of 
Pennsylvania  if  it  was  done.  Our  roads  would  be  all  made,  and 
our  communications  all  opened  by  land  and  water,  &c.,  &c. 

Fitzsimmons  was  much  more  argumentative ;  but  they  ware  all 
pre-determined,  and  only  called  on  our  complaisance  to  assent  to 
their  better  judgment. 

I  chose  to  mention  publicly,  that  I  thought  we  scarce  did  justice 
to  the  -State  we  represented,  that  we  did  not  meet  oftenei ,  and  con- 
sult on  her  interest.  This  met  with  an  echo  of  applause.  Fitz- 
simmons proposed  his  lodgings  as  a  rendezvous  weekly.  Mr.  Morris 
spoke  of  wine  and  oysters,  and  it  was  ageed  to  meet  every  Monday 
evening  at  Simons'.  I  took,  however,  care  to  bear  my  unequivocal 
testimony  against  the  adoption  now  proposed,  and,  in  fact,  made 
the  above  proposition,  to  obviate  any  suspicion  of  obstinacy  or  un- 
sociabilit}'. 

22.  The  Senate  sat  more  than  an  hour,  doing  nothing  at  all  but 
looking  at  each  other.  Ellsworth  and  Strong  got  together  at  a  time 
when  we  had  all  got  in  chatting  parties  about  the  fires  or  stoves. 
We  were  suddenly  called  to  order,  and  Ellsworth  was  up.  It  was  a 
most  formal  motion,  indeed,  which  he  made,  and  then  read  a  reso- 
lution,, stating  that  a  mistake  had  been  made  yesterday  in  a  com- 
munication which  had  been  sent  to  the  House  of  Representatives, 
and  desiring  them  to  return  the  paper.  It  was  about  the  North 
Carolina  session,  and  I  suspected  all  was  not  very  right.  But,  in- 
deed, as  much  through  pastime  as  otherwise,  I  opposed  him.  He 
grew  serious  and  solemn,  and  I  grew  rather  sportive,  with  a  grave 
face  on,  and  we  made  a  noble  debate  of  it.  It  would  be  idle  to  blot 
an  inch  of  paper  with  it.  The  question  was  at  length  put,  and 
Ellsworth  lost  it.  Greatly  was  hie  mortified,  indeed,  and  sat  down 
in  a  visible  chagrin. 

Doctor  Johnson,  who  had  not  spoke  before,  got  up  and  said  angry 
things.  He  did  not  move  absolutely  for  a  reconsideration,  but 
Ellsworth  followed  him,  and  urged  a  reconsideration.  It  was  sec- 
onded by  Strong.  I  got  up,  and  opposed  the  reconsideration  as 
out  of  order,  and  another  most  important  debate  ensued.  The 
Chair  was  called  on,  and  he  declared  the  question  out  of  order, 
marabile  dictu.  I  turned  to  Mr.  Morris.  Had  he  decided  so  in 
the  case  of  the  Susquehanna  bill,  said  I,  we  should  have  had  Con- 
gress on  the  banks  of  that  river.  Mr.  Morris  said  yes. 

Mr.  Morris  got  on  the  subject  of  the  difficulties  he  labored  under 
in  the  settlement  of  his  account.  Told  me  that  he  had  to  scud 
again  to  Philadelphia  for  a  receipt  book,  in  which  were  some  trilling 
accounts  for  money  paid  to  expresses  of  40/,  and  such  small  sums  ; 


174  SKETCHES  OF  DEBATES 

but  concluded,  I  will  have  everything  settled,  and  the  most  ample 
receipt  and  certificate  of  the  accounts  being  closed. 

24.  Attended  this  day  in  Senate.  No  business  of  any  conse- 
quence done.  This  was  a  day  of  compan}r  at  our  house.  Madison 
was  in  the  invitation,  and  came  early  and  asked  for  me,  but  I  could 
not  come  down  stairs.  *  *  *  I  was  sorry  for  this,  but 
as  the  saying  is,  there  is  no  help  for  sickness.  Drank  tea,  and  felt 
better  after  it,  but  kept  my  bed. 

February  21.  No  Senate  this  day0  Went  with  the  Speaker  to 
buy  books.  I  bought  Peter  Pindar,  whose  sarcastic  and  satirical 
vein  will  write  monarchy  into  disrepute  in  Britain.  His  shafts  are 
aimed  personally  at  his  present  Majest}^  but  many  of  them  hit  the 
throne,  and  will  contribute  to  demolish  the  absurdity  of  royal  gov- 
ernment. Thus  even  Peter,  who  I  guess  to  be  a  servile  cre'ature 
paying  court  to  the  heir  apparent  and  the  rising  royal  family,  may 
be  a  useful  instrument  in  opening  the  eyes  of  mankind  to  the  ab- 
surdity of  human  worship,  and  the  adulation,  nay  almost  adora- 
tion, paid  to  work  of  their  own  hands.  Kings  and  governors  origi- 
nally were  meant  for  the  use  and  advantage  of  the  governed,  but 
the  folly  of  mankind  has  puffed  them  out  of  their  places  and  made 
them  not  only  useless  but  burdensome. 

1790,  March  1.  Returned  to  the  Hall ;  sat  for  some  time;  nothing 
done.  Received  a  note  to  dine  with  the  President  of  the  United 
States.  Went  into  the  Chamber  of  the  Representatives  and  heard 
the  debates  till  three  o'clock,  which  I  thought  unimportant.  Ames, 
however,  read  in  his  place  a  string  of  resolutions  touching  the  man- 
ner in  which  the  States  were  to  bring  forward  their  claims,  which  I 
thought  alarming. 

March  2.  Just  nothing  done  this  day  in  Senate  save  receiving 
Bailey's  bill  for  certain  inventions  from  the  Representatives.  Some 
spiteful  remarks  made  on  it.  To-morrow  assigned  for  a  second 
reading. 

A  resolve  passed  the  Representatives  this  day  that  seems  to  show 
that  they  begin  to  think.  It  is  a  call  on  the  Secretary  to  ascertain 
the  resources  that  may  be  applied  to  the  payment  of  the  State 
debts,  if  they  should  be  adopted. 

The  Spreaker  was  at  the  levee  to-day.  When  he  came  home,  he 
said  the  State  debts  must  be  adopted.  This,  I  suppose,  is  the  lan- 
guage of  the  court. 

March  3.  This  day  Bailey's  bill  taken  up  for  second  reading. 
Five  members  rose  to  oppose  it.  I  was  up  three  times,  and  I  am 
convinced  we  should  have  carried  it.  Mr.  Morris  rose,  however, 
and  proposed  that  it  should  be  committed  to  the  very  men  who  op- 


Ix  THK  FIRST  SKXATF  OF  THI-:  UXITFD  STATKS.       175 

pi>srd  it.  Langdon  made  a  formal  motion  to  this  purpose,  and  was 
seconded  by  Bassett.  Such  a  committee  was  accordingly  appointed. 
It  is  a  new  way  to  commit  a  bill  to  its  enemies.  We  will  see  what 
will  come  of  it. 

March  4 My  bodings  of  yesterday  were  not 

ill  founded,  with  respect  to  Bailey's  bill.  A  man  ought  not  to  put 
his  hand  in  a  dog's  mouth,  and  trust  to  his  generosity  not  to  bite 
it.  Commit  the  bill  to  its  declared  enemies,  and  trust  to  their  gen- 
erosity to  report  in  favor  of  it.  My  conjectures  were  right,  and 
they  have  reported  dead  against  it. 

Dined  with  the  President  of  the  United  States.  It  was  a  dinner 
of  dignity.  All  the  Senators  present,  and  the  Yice  President.  I 
looked  often  around  the  company  to  find  the  happiest  faces.  Wis- 
dom forgive  me,  if  I  wrong  thee  ;  but  I  thought  folly  and  happiness 
were  the  most  nearly  allied.  The  President  seemed  to  bear  in  his 
countenance  a  settled  aspect  of  melancholy.  No  cheering  ray  of 
convivial  sunshine  broke  through  the  cloudy  gloom  of  settled  seri- 
ousness. At  every  interval  of  eating  or  drinking,  he  played  on  the 
table  with  a  fork  or  knife,  like  a  drum-stick. 

March  5.  This  the  important  week,  and  perhaps  the  important 
day,  when  the  question  will  be  put  on  the  assumption  of  the  State 
debts.  I  suspect  this  from  the  rendezvousing  of  the  crew  of  the 
Hamilton  galley.  It  seems-  all  hands  are  pressed  to  quarters. 

Four  o'clock.  I  was  rather  deceived,  as  the  adoption  party  do 
not  yet  consider  themselves  strong  enough  to  risk  the  putting  of 
the  question,  for  it  seems  the  day  has  passed  and  nothing  is  done. 

The  naturalization  bill  was  taken  up.  The  debates  were  exceed- 
ingly lengthy,  and  a  great  number  of  amendments  moved.  Mr. 
Morris  stood  by  me  in  one,  that  was  to  enable  aliens  to  hold  lands 
in  the  United  States.  'Tis  said,  he  has  an  agent  in  Europe  now  for 
selling  lands.  I  am  wrong  to  minute  this  circumstance  ;  he  is,  how- 
ever, very  seldom  with  me.  I  know  not  how  it  came,  but  I  was 
engaged,  on  one  side  or  the  other,  warmly  on  every  question.  The 
truth  of  the  matter  is,  it  is  a  vile  bill,  illiberal  and  void  of  philan- 
thropy, and  needed  mending  much.  We  complained,  to  the  Repre- 
sentatives from  Pennsylvania,  that  such  an  ungenerous  bill  should 
be  sent  us.  At  least,  I  did.  They  answered,  you  have  little  to  dor 
and  they  sent  us  employment. 

This  night  the  Pennsylvanians  supped  together  at  Simmons'. 
'Twas  freely  talked  of  that  the  question  was  to  have  been  taken 
this  day  on  the  assumption  of  the  State  debts,  but  Vining,  from  the 
Delaware  State,  is  come  in,  and  it  was  put  off  until  he  would  be 
prepared,  (by  the  Secretary,  I  suppose,)  so  that  my  morning  creed 


176  SKETCHES  OF  DEBATES 

was  a  well  founded  belief.  The  language  of  the  Philadelphia  gen- 
tlemen is  still  for  adoption.  The  great  reason  formerly  urged  for 
it  was,  that  Pennsylvania  would  draw  a  great  revenue  from  the 
Union.  I  brought  forward  the  case  of  Amsterdam,  to  which  the 
United  Provinces  owed  great  balances  which  were  not  paid  a  cen- 
tury after  their  revolution. 

Mr.  Fitzsimmons  said  they  were  not  paid  yet,  nor  never  would 
be  ;  but  then,  with  one  voice,  all  the  three  citizens  said  little  if  any- 
thing would  be  due  to  Pennsylvania,  and  declared  that  settling  old 
accounts  was  misspent  time.  Burn  all  old  accounts,  said  Mr.  Mor- 
ris, and  pay  only  the  people  who  now  hold  certificates,  I  wished 
for  harmony  and  declined  argument,  but  said  the  citizens  of  Penn- 
sylvania would  not  abandon  the  State  securities.  This  was  ad- 
mitted, but  Mr.  Morris  said  the  State  might  subscribe  the  amount 
of  them.  This  would  be  sinking  two  per  cent,  to  the  State,  as  they 
would  subscribe  in  at  four  per  cent,  and  pay  six  to  their  own  citi- 
zens. But  I  forbore  entering  into  argument.  Colonel  Hartley  kept 
still  repeating,  all  depends  on  the  adoption  of  the  State  debts.  If 
this  is  not  done,  New  England  and  Carolina  will  fly  off,  and  the 
Secretary's  scheme  is  ruined.  We  must  adopt. 

9th  March.  In  the  Senate  Chamber,  this  morning,  Butler  said 
he  heard  a  man  say  he  would  give  Yining  one  thousand  guineas  for 
his  vote,  but  added,  I  question  whether  he  would  do  so  in  fact.  I 
do  not  know  that  pecuniary  influence  has  actually  been  used,  but  I 
am  certain  that  every  other  kind  of  management  has  been  practiced 
and  every  tool  at  work  that  could  be  thought  of.  Officers  of  Gov- 
ernment, clergy,  Cincinnati,  and  every  person  under  the  influence 
of  the  Treasury ;  Bland  and  Huger  carried  to  the  Chamber  of 
Representatives — the  one  lame,  the  other  sick ;  Clymer  stopped  from 
going  away,  though  he  had  leave ;  and  at  length  they  risked  the 
question,  and  carried  it,  thirty-one  votes  to  twenty-six  ;  and  all  this 
after  having  tampered  with  the  members  since  the  twenty-second 
of  last  month,  and  this  only  in  committee,  with  many  doubts  that 
some  will  fly  off,  and  great  fears  that  the  North  Carolina  members 
will  be  in  before  a  bill  can  be  matured  or  the  report  gone  through. 
Mr.  Morris  received  a  note  signed  S.  C.,  communicating  the  news. 
He  only  said,  I  am  sorry  it  is  by  so  small  a  majority.  General 
Muhlenburg  and  G.  Hiester,  of  the  Pennsylvania  delegation,  only, 
were  in  the  negative. 

I  had  to  wrangle  with  the  New  England  men  alone  on  the  natur- 
alization bill  till  near  one  o'clock.  Johnson,  of  North  Carolinia, 
took,  in  some  degree,  part  with  me.  I  held  my  own,  or  at  least  I 
thought  so,  with  tolerable  success;  but  I  certainly, however,  gained 


Ix  TIIK  FIIIST  SK.VATK  OF  THE  UXITKD  STATES.       177 

greatly.  Twice  yesterday  did  we  attempt,  without  success,  to  throw 
out  the  two  years'  residence.  The  amendments  which  I  had  offered 
went  to  cure  this  defect,  with  respect  to  the  power  of  holding  lands. 
X  umbers  of  gentlemen  now  declared  their  dislike  of  the  two  years, 
and  wished  the  bill  committed,  for  the  purpose  of  having  this  part 
rejected.  I  agreed,  but  we  were  very  unlucky  in  our  committee. 
Wr  Pennsylvanians  act  as  if  we  believed  that  God  made  of  one 
blood  all  families  of  the  earth  ;  but  the  eastern  people  seem  to  think 
that  He  made  none  but  New  England  folks.  It  is  strange  that  men 
born  and  educated  under  republican  forms  of  government  should 
be  so  contracted  on  the  subject  of  general  philanthropy.  In  Penn- 
sylvania, used  as  we  are  to  the  reception  and  adoption  of  strangers, 
we  receive  no  class  of  men  with  such  diffidence  as  the  eastern  peo- 
ple. Yet  these  are  the  men  who  affect  the  greatest  fear  of  being 
contaminated  with  foreign  manners,  customs,  or  vices. 

10.  Was  the  first  at  the  Hall  this  morning.  However,  it  was  not 
long  before  some  of  the  Secretary's  gladiators  came  in.  What  an 
abject  thing  a  man  becomes  when  he  makes  himself  a  tool  to  any 
one.  I  ventured  to  predict  to  one  of  them  that  the  Secretary's  sys- 
tem would  fail.  Why,  but  the  assumption  of  the  State  debts  is  car- 
ried already.  I  Arentured  to  tell  how.  From  me,  distant  as  the 
room  would  let  him,  did  he  fly  off.  Bassett  has  this  day  declared 
in  the  most  unequivocal  manner  against  the  adoption  of  the  State 
debts.  Says,  if  they  are  adopted,  he  will  move  for  two  per  cent.  I 
asked  him  how  Mr.  Reed  would  be  on  this  question.  He  said  against 
assumption.  We  had  company  this  day.  The  greater  part  were 
New  England  men,  who  soon  went  away.  Burke  and  Tucker  both 
voted  for  the  assumption  of  the  State  debts.  Tucker  declared  his 
views  in  the  most  unequivocal  manner ;  after  the  States  were  dis- 
charged by  the  Federal  assumption,  to  spunge  the  whole.  Burke 
reprobated  the  whole  of  the  Secretary's  report,  and  declared  it  would 
blow  up.  He  was  not  so  explicit,  but  seemed  in  unison  with  Tucker. 
What  must  come  of  the  report,  if  these  men  are  sincere. 

March  11.  Attended  at  the  Hall.  Two  bills  came  up  from  the 
Representatives.  The  bill  for  inventions,  and  one  to  give  additional 
salaries  to  clerks.  Read  the  first  time.  A  bill  for  the  mitigation 
of  lines  and  forfeitures  was  taken  up  for  a  second  reading.  Op- 
posed by  Bassett  and  Few.  A  commitment  was  early  moved,  and 
seemed  generally  agreed  to ;  but  the  members  popped  up  and  down 
talking  about  it  for  above  an  hour. 

March  12.  Attended  this  day  at  the  Hall.  No  business  of  con- 
sequence done.  The  committee  on  the  naturalization  bill  reported, 
but  far  short  of  the  points  which  I  wished  established  in  it.  There 
12 


178  SKETCHES  OF  DEBATES 

really  seems  a  spirit  of  malevolence  against  Pennsylvania  in  this 
business.  We  have  been  very  liberal  on  the  subject  of  admitting 
strangers  to  citizenship ,  we  have  been  benefited  by  it,  and  still  do 
benefit,  Some  characters  seem  disposed  to  deprive  us  of  it-  I 
moved  a  postponement  of  a  day,  that  we  might  consider  of  the 
amendment.  It  was  easily  carried ;  but  Izard  said  no,  alone. 

Mr.  Morris  turned  towards  me  this  day  and  seemed  to  invite  a 
tete-a-tete.  We  spoke  of  who  would  be  Governor.  He  declared  in 
favor  of  St.  Clair — spoke  against  Mifflin  and  Bingham.  I  said  I 
had  heard  Miles  spoken  of.  He  objected  to  Miles  as  wanting  knowl- 
edge. I  never  made  any  mention  of  any  of  the  Muhlenbergs.  He 
objected  to  Mifflin — said  "  See  what  sort  of  people  he  has  put  in 
office."  S.  G.  was  mentioned.  He  said  "  you  should  have  had  that 
office."  I  went  into  some  detail  of  the  duties  of  that  office — showed 
that  it  was  one  in  which  a  drone  might  slumber;  but  if  filled  well, 
was  a  most  laborious  office,  and  pointed  out  how. 

March  15.  The  only  debate  of  any  consequence  this  day  in  Sen- 
ate was  on  the  naturalization  bill.  The  same  illiberality  as  was 
apparent  on  other  occasions  possessed  the  New  England  men.  Im- 
migration is  a  source  of  population  to  us,  and  they  wish  to  deprive 
us  of  it.  I  was  up  several  times,  but  always  endeavored  to  be  con- 
cise and  to  the  point  as  much  as  I  possibly  could.  Mr.  Morris  was 
up  once  ;  I  thought  he  lost  himself,  and  by  way  of  getting  out,  said 
he  was  of  the  same  opinion  as  the  member  from  New  York — Mr. 
King.  Mr.  King  is  as  much  against  us  as  any  of  them,  but  he  does 
it  in  an  indirect  manner. 

March  16.  Mr.  Morris,  after  sitting  serious  a  good  while,  turned 
to  me,  and  began  a  familiar  chat.  At  last  asked  me  to  walk  on  one 
side  from  our  seats,  and  asked  me  if  back  lands  could  still  be  taken 
up.  I  told  him  yes.  He  immediately  proposed  to  me  to  join  him 
in  a  speculation  in  lands,  which  he  said  he  thought  that  he,  from  his 
connections  in  Europe,  could  sell  at  a  dollar  an  acre.  I  paused  a 
moment,  said  as  our  waste  lands  were  totally  unproductive,  such  a 
thing  might  be  beneficial  to  the  public  as  well  as  ourselves;  that  in 
this  point  of  view  I  saw  no  objection.  I  stated  some  affairs  of  our 
land  office  briefly,  and  he  concluded  we  would  make  up  our  esti- 
mates the  first  leisure  moment.  If  he  is  in  earnest  in  this  matter, 
he  will  be  favorable  to  the  lowering  of  the  terms  of  the  land  office. 

March  16.  The  principal  debates  this  day  were  on  the  natural- 
ization bill,  and  were  characterized  with  the  same  illiberality  as 
those  before  mentioned. 

We  had  company  this  day,  mostly  Virginians.  Colonel  Bland 
was  of  the  number.  He  is  an  assumer  on  the  subject  of  the  State 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      179 

debts.  He  avowed  his  design  to  be  a  demonstration  to  the  world 
that  our  present  constitution  aimed  directly  at  consolidation,  and 
the  sooner  everybody  knew  it,  the  better.  So  that,  in  fact,  he  sup- 
ported the  Secretary  on  anti-Federal  principles.  This,  I  believe,  is 
the  design  of  Gerry  and  many  more.  The  New  England  men,  how- 
ever, want  to  get  their  State  debts  shook  off  before  they  declare 
themselves  completely.  In  their  former  attempt  to  sink  them,  they 
raised  Shay's  rebellion. 

The  appropriation  bill  was  just  read,  and  the  President  passed  to, 
and  took  up,  the  mitigation  bill,  (of  fines,  forfeitures.) 

It  was  on  the  third  reading,  and  Ellsworth  offered  an  amendment, 
and  the  bill  was  committed. 

The  Naturalization  Bill. 

Xow,  the  naturalization  bill  was  taken  up,  and  all  our  old  argu- 
ments went  over  and  over  again.  The  fact  is  the  adoption  of 
strangers  has  set  Pennsylvania  far  ahead  of  her  sister  States.  They 
are  spiteful  and  envious,  and  wish  to  deprieve  her  of  this  source  of 
population ;  but  it  will  scarcely  do  to  avow  openly  such  ungenerous 
conduct.  It,  therefore,  must  be  done  under  various  pretenses  and 
legal  distinctions.  Two  years  residence  was  insisted  on  in  the  bill. 
We  cared  not  for  this,  but  let  the  stranger  hold  land  the  moment 
he  comes,  &c.,  &c. 

March  17.  Two  law  opinions  were  supported  in  the  debates  of 
this  day.  One,  that  the  power  of  holding  lands  was  a  feature  of 
naturalization — that  lands,  &c.,  could  not  be  held  without  it.  This 
doctrine  was  pushed  so  far  by  Ellsworth  as  to  declare  that  the 
rights  of  electors,  being  elected,  &c.,  should  attend  and  be  described 
in  the  act  of  naturalization.  All  that  could  be  said  would  not  sup- 
port this  doctrine.  Ellsworth  was  even  so  absurd  as  to  suppose  if 
a  man  acquired  the  right  of  suffrage  in  one  State,  he  had  it  in  all, 
&c.  This  doctrine  it  was  seen  would  not  carry,  and  now  one  more 
conformable  to  the  common  law  was  set  up. 

It  was  alleged  that  the  disability  of  an  alien  to  hold  lands  arose 
from  the  common  law,  and  was  separable  from  the  rights  of  natur- 
alization, as  in  the  case  of  denization  in  England,  where  the  Crown 
could  confer  the  right  of  giving,  receiving,  and  holding,  real  prop- 
erty. When  an  alien,  therefore,  was  enabled  to  hold  real  estate,  it 
was,  in  reality,  by  repealing  part  of  the  common  law,  with  respect 
to  him.  Not  by  giving  a  power,  but  taking  away  a  disability.  It, 
therefore,  strictly  speaking,  rested  with  the  respective  States 
whether  they  would  repeal  the  common  law,  with  respect  to  aliens, 
touching  the  point  of  holding  property,  and,  being  a  pure  State 


180  SKETCHES  or  DEBATES 

concern,  had  no  occasion  to  be  made  any  mention  of  in  the  natur- 
alization act,  but  must  remain  to  be  settled  by  the  different  States 
by  law,  as  well  as  the  rights  of  election,  &c.  We,  of  Pennsylvania, 
contended  hard  to  have  a  clause  for  empowering  aliens  to  hold,  &c., 
but  the  above  reasoning  prevailed,  and  we  lost  it. 

Before  Senate  was  formed,  this  morning,  Mr.  Carroll,  of  Carroll- 
ton,  happened  to  be  sitting  next  to  me.  We  were  chatting  on  some 
common  subject.  The  President  was  in  the  chair,  which  he  had 
taken  on  the  performance  of  prayer.  He  hastily  descended,  came 
and  took  the  chair  next  to  Mr.  Carroll's.  He  began  abruptly : 
How  have  you  arranged  your  empire  on  your  departure  ?  Your 
revenues  must  suffer  in  your  absence.  What  kind  of  administra- 
tion have  you  established  for  the  regulation  of  your  finances  ?  Is 
your  Government  entrusted  to  a  viceroy,  nuncio,  legate,  plenipoten- 
tiary, or  charge  d'affaires,  &c.,  &c.  ?  Carroll  endeavored  to  get  him 
down  from  his  imperial  language  by  telling  him  he  had  a  son-in  law 
who  paid  attention  to  his  affairs,  &c.  'Twas  in  vain.  He  would 
not  dismount  his  hobby.  At  it  again ;  nor  was  there  an  officer  in 
the  household,  civil,  or  military  departments  of  royal  or  imperial 
government  that  he  had  not  an  allusion  to.  I  pared  my  nails,  and 
thought  he  would  soon  have  done,  but  it  is  no  such  easy  thing  to 
go  through  the  detail  of  an  empire.  Guardian  goddess  of  America, 
canst  thou  not  order  it  so,  than  when  thy  sons  cross  the  Atlantic 
they  may  return  with  something  else  beside  European  forms  and 
follies  !  But  I  found  this  prayer  ruffled  me  a  little,  so  I  left  them 
before  Adams  had  half  settled  the  empire. 

Mr.  Morris  had  some  further  chat  on  the  proposal  of  yesterday. 
I  told  him  if  I  thought  it  possible  that  disadvantage  could  flow 
either  to  the  public  or  individuals,  I  never  would  hear  of  it.  He 
said  advantage  would  probably  flow  to  the  public  from  it.  It  would 
be  the  means  of  bringing  us  both  money  and  people.  I  now  touched 
him  on  the  subject  of  lowering  back  lands  of  Pennsylvania.  It  was 
a  cold  scent.  I  find  he  is  for  what  the  speculators  call  dodging— 
selling  the  land  in  Europe  before  he  buys  it  here.  He  repeated 
that  a  dollar  an  acre  could  be  got  for  it. 

March  18.  The  burden  of  this  day's  debate  was  the  naturaliza- 
tion bill  over  again.  From  the  most  accurate  observation  I  have 
been  able  to  make,  the  conduct  of  the  members  has  been  influenced 
by  the  following  motives  :  As  Pennsylvania  is  supposed  likety  to 
derive  most  benefit  by  migrations,  the  eastern  members  are  disposed 
to  check  it  as  much  as  they  can.  Jersey,  nearly  indifferent ;  Dela- 
ware, absolutely  so  ;  Maryland,  as  Jersey  ;  Virginia,  unrepresented  ; 
North  Carolina,  favorable.  South  Carolina  and  Georgia  want  peo- 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      181 

pie  much,  but  they  fear  migrations,  and  will  check  them  rather  than 
run  the  chance  of  importing  people  who  may  be  averse  to  slavery. 
Hence  the  bill  passed  the  House  nearty  as  it  came  up  from  the  Rep- 
resentatives. 

The  governing  ideas  seemed  to  be  the  following  :  That  the  hold- 
ing property  was  separable  from  and  not  absolutely  connected  with 
naturalization  ;  that  laws  and  regulations  relating  to  property,  not 
being  among  the  powers  granted  to  Congress,  remained  with  the 
different  States.  Therefore  Congress  would  be  guilty  of  an  assump- 
tion of  power  if  they  touched  it ;  that  the  holding  of  property  was 
a  common  law  right ;  and  the  disability  of  aliens  to  hold  property 
from  that  quarter.  Patterson,  Bassett,  Henry,  and  Johnson,  all 
finally  settled  in  this  way.  Ellsworth  dead  against  this  ;  the  hold- 
ing property,  (real,)  a  feature  inseparable  from  naturalization,  &c. 
Strong  rather  inclined  to  Ellsworth.  Dr.  Johnson  said  about  as 
much  on  one  side  as  the  other.  Few,  too,  is  said  to  be  a  lawyer ; 
but  though  he  spoke  a  great  deal,  he  did  not  seem  to  enter  into  the 
distinctions.  For  our  parts,  we  wished  the  naturalization  bill  to  be 
in  as  exact  conformity  as  possible  to  the  existing  laws  relating  to 
aliens  in  Pennsylvania ;  and  this  I  am  convinced  would  have  been 
the  case,  had  it  not  been  for  that  low  spirit  which  contaminates 
public  characters  as  well  as  private  life. 

March  19.  The  naturalization  bill  taken  again.  Now,  Butler, 
too  proud  to  have  lent  his  aid  to  any  motion  that  was  not  his  own, 
came  forward  with  two  motions.  They  were,  in  fact,  nearly  the 
same  which  had  been  negatived  three  or  four  times  before.  It  was 
alleged  they  wrere  all  out  of  order ;  but  he  was  indulged,  and  lost 
them  both. 

Now,  Few  must  bring  forward  his  motion,  too.  It  was  equally 
out  of  order,  but  he  was  indulged  in  the  loss  of  it. 

It  appears  that  all  over  Europe  where  the  civil  law  prevails,  aliens 
hold  property.  It  is  the  common  law  of  England  that  deprives 
them  of  holding  real  estate.  The  common  law  has  been  received 
by  us,  and  with  it,  this  consequence. 

However,  since  we  cannot  get  the  rights  of  property  fully  ac- 
knowledged, it  is  best  that  the  naturalization  bill  say  nothing 
about  it. 

Mr.  Morris  got  warmly  at  me  this  day  about  the  affair  of  land. 
Repeated  he  thought  even  more  than  a  dollar  per  acre  could  be  got, 
and  requested  me  to  write  him  an  account  of  the  kind  of  land,  dis- 
tance to  market,  &c.,  &c.  I  wrote  to  him  as  follows : 


182  SKETCHES  OF  DEBATES 

NEW  YORK,  20th  March,  1790. 

SIR:  The  lands,  concerning  which  you  have  made  inquiry,  are 
situated  in  the  county  of  Northumberland,  on  the  heads  of  Ly- 
coming,  Pine  Creek,  and  Tioga,  branches  of  the  river  Susquehanna. 
Their  distance  from  Philadelphia,  as  the  roads  now  go,  is  from  one 
hundred  and  eighty  to  two  hundred  miles,  but  it  may  be  shortened 
by  opening  a  more  direct  communication.  The  county  of  North- 
umberland, in  which  the  first  settlements  were  made  about  the  year 
1170,  was  totally  desolated  by  the  incursions  of  the  Indians  during 
the  Revolution,  a  misfortune  it  never  can  experience  a  second  time, 
as  the  late  settlements  of  the  State  of  New  York  (being  extended 
north  of  it)  and  Luzerne  county  form  a  complete  barrier,  and  the 
savages  have  greatly  diminished,  must  soon  be  totally  excluded  by 
the  increasing  settlements  from  the  Atlantic  side  of  the  great  lakes 
Ontario  and  Erie.  Northumberland  county  now  contains  between 
two  and  three  thousand  families.  Provisions  of  all  kinds  can  be 
had  in  abundance.  The  average  price  of  wheat,  rye,  Indian  corn, 
barley,  buckwheat,  and  speltz,  when  compounded,  has  seldom  been 
equal  to  half  a  Spanish  dollar  per  bushel.  The  present  year  it  is 
higher,  not  owing  to  any  failure  of  crops,  but  the  uncommon  de- 
mand for  exportation.  The  country  in  which  these  lands  are  situ- 
ated is  mountainous,  but  the  high  ridges  are  never  included  in  the 
surveys.  It  is  covered  with  an  immense  forest  of  timber.  Maple ; 
sugar  tree;  buck;  beech;  oak  of  all  kinds;  pine,  mostly  of  the 
white  and  spruce  kinds;  white  walnut ;  wild  cherry ;  hickor}^ ;  ash, 
&c.  These  forests  sometime  ago  seemed  to  set  husbandry  at  defi- 
ance, but  we  now  know  that,  independent  of  the  advantage  of  clear- 
ing the  ground,  they  can  be  converted  to  useful  purposes  in  the 
manufacture  of  potash.  The  different  streams  of  the  Susquehanna 
offer  the  means  of  conveying  any  produce  whatever  to  market. 
This  country  has  been  observed  to  be  particularly  favorable  to  grass, 
and,  perhaps,  the  raising  of  cattle  may  be  the  most  profitable  object 
of  husbandry,  as  stock  carries  itself  to  market.  These  parts  enjoy, 
in  an  eminent  degree,  the  advantage  and  security  of  double  crops. 

The  snows,  which  fall  regularly  at  their  proper  season  in  winter, 
insure  a  plentiful  harvest  of  the  fall  grain;  wheat,  and  rye  with  tol- 
erable husbandry,  seldom  yielding  less  than  twenty  bushels  per  acre. 
The  length  of  the  summer  is  well  adapted  to  Indian  corn,  flax,  oats, 
spring  barley,  summer  wheat,  tobacco,  and  vegetables  of  all  kinds. 
Buckwheat  is  often  sowed  with  success  in  the  same  summer  on  the 
ground  from  whence  wheat,  rye,  or  winter  barley  had  been  reaped. 
Perhaps,  so  far  as  respects  seasons,  the  interests  of  husbandry  are 
no  where  better  secured  than  in  Pennsylvania.  The  abundant  ex- 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.       183 

ports  of  flour,  grain,  &c.,  from  the  port  of  Philadelphia  afford  full 
proof  of  this.  It  is  certain  that  as  you  advance  southward,  and 
diminish  the  rigors  of  winter,  you  lessen  the  certainty  of  the  winter 
crops  ;  while  ascending  to  the  north,  the  contracted  and  chilly  season 
seldom  brings  to  maturity  the  summer  produce,  which  is  often 
blasted  or  perished  by  early  frosts.  Yet  such  is  the  rage  of  migra- 
tion, that  lands,  with  all  the  advantages  of  soil  and  climate,  in  the 
bosom  of  society  are  neglected  for  fancied  elysiums  in  Yazoo  or 
Kentucky.  I  cannot  state  with  precision  the  quantity  of  these 
lands,  having  no  actual  surveys  before  me,  but  I  know  they  are  not 
less  than  fifty  thousand  acres.  If  I  can  render  you  any  further  in- 
formation, I  shall  be  happy  in  doing  so. 

I  am,  sir,  yours  most,  &c., 

W.  M. 
Honorable  R.  MORRIS,  Esquire. 

Writing  the  foregoing  letter  was  all  I  did  this  forenoon.  The 
Speaker  took  me  in  his  carriage,  and  we  rode  in  the  afternoon. 

Sunday,  21st.     Wrote  letters  to  my  family  this  forenoon. 

After  dinner,  walked  alone,  up  and  down,  back  and  forward,  on 
the  island.  The  Speaker  told  me  the  report  was  not  to  be  taken  up 
until  Fitzsimmons  came  back,  which  was  to  be  on  Thursday.  He 
knows  all  the  motions  of  the  janizaries  and  gladiators. 

March  22.  Visited  Mr.  Wilson's  lodgings  with  the  Speaker.  I 
then  went  with  Mr.  Wynkoop  to  visit  Mr.  Carroll,  of  Carrollton. 
We  got  on  the  subject  of  the  State  of  Carolina  having  instructed 
their  representation. 

Could  any  hints  have  gone  from  here,  said  he,  to  set  them  on  this 
measure  ?  He  is  a  Roman  Catholic,  and  the  intimate  friend  of  Mr. 
Fitzsimmons.  This  question  raised  the  following  train  of  ideas  in 
my  mind :  Fitzsimmons  is  gone  to  prevent  a  similar  measure  in 
Pennsylvania,  and  I  am  suspected  of  having  given  hints  to  set  such 
a  measure  going.  Perhaps  something  of  this  kind  may  be  alleged 
against  me  with  justice.  The  doctrine  of  instruction  may  certainly 
be  carried  so  far  as  to  be  in  effect  the  tribunitial  veto  of  the  Ro- 
mans, and  reduce  us  to  the  state  of  a  Polish  diet.  But  it  is  intro- 
duced. Perhaps  the  best  way  is  for  all  the  States  to  use  it,  and  the 
general  evil,  if  it  really  should  be  one,  will  call  for  a  remedy.  But 
here  is  a  subject  worthy  of  inquiry.  Is  it  to  be  expected  that  a 
Federal  law  passed  directly  against  the  sense  of  a  whole  State  will 
ever  be  executed  in  that  State  ?  If  the  answer  is  in  the  negative, 
it  is  clearly  better  to  give  the  State  an  early  legislative  negative 
than  finally  let  her  use  a  practical  one  which  would  go  to  the  disso- 
lution of  the  Union. 


184  SKETCHES  OF  DEBATES 

A  memorial  of  one  Tracy  was  read,  praying  a  bankrupt  law  to 
"be  passed  under  the  authority  of  the  United  States.  A  motion  for 
the  appointment  of  a  committee  to  bring  in  a  bill  for  such  purpose. 
There  was  a  greal  deal  of  speaking  on  this  subject,  and  really  I 
thought  had  not  justice  done  to  it.  I  got  up,  and  was  listened  to 
with  attention  while  I  explained  the  difference  between  the  common 
laws  for  the  discharge  of  insolvent  debtors  and  the  laws  respecting 
commission  of  bankruptcy,  and  confined  the  latter  to  its  proper 
field,  the  trading  part  of  the  community ;  and  this  part  only  be- 
longed to  the  Congress  to  take  up,  and  I  doubted  whether  they  had 
done  most  harm  or  good,  &c.  I  was  led  into  a  detail  of  the  laws 
of  England  on  this  head.  Much  was  said  on  all  hands,  but  we  neg- 
atived the  motion. 

The  moment  it  was  through,  General  Schuyler  and  Mr.  Morris 
called  for  it  on  the  third  and  last  reading,  for  they  said  the  Secre- 
tary wanted  to  make  remittances  to  Europe.  They  got  what  they 
wanted,  and  thus  we  had  done  with  it. 

This  mode  of  business  cannot  last  long.  All  evils,  it  is  said,  cure 
themselves.  Here  is  a  general  appropriation  of  above  half  a  million 
of  dollars — the  particulars  are  not  mentioned — the  estimate  on  which 
it  is  founded  may  be  mislaid  or  changed ;  in  fact,  it  is  giving  the 
Secretary  the  money  for  him  to  account  for  as  he  pleases.  This  is 
certainly  all  wrong.  The  estimate  should  have  formed  part  of  the 
bill,  or  should  have  been  recited  in  it. 

Mr.  Morris  this  day  asked  me  if  I  had  prepared  anything  on  the 
subject  we  had  been  conversing  about.  I  put  the  letter  into  his 
hands.  He  read  it  with  apparent  satisfaction — put  it  into  his  pocket. 
He  asked  me  if  some  kind  of  houses  could  not  be  raised  and  cov- 
ered with  bark  at  a  small  expense  on  these  lands.  I  told  him  they 
might,  if  honest  men  were  employed  who  would  not  make  a  job  of  it. 

The  Senate  adjourned  about  two  o'clock.  I  was  told  there  was 
warmth  in  the  House  of  Representatives  on  the  Quaker  memorial, 
and  went  in.  The  House  have  certainly  greatly  debased  their  dig- 
nity, using  base,  invective,  indecorous  language ;  three  or  four  up 
at  a  time,  manifesting  signs  of  passion,  the  most  disorderly  wander- 
ings in  their  speeches,  telling  stories,  private  anecdotes,  &c.  I  know 
not  what  may  come  of  it,  but  there  seems  a  general  discontent  among 
the  members,  and  many  of  them  do  not  hesitate  to  declare  that  the 
Union  must  fall  to  pieces  at  the  rate  we  go  on  Indeed,  many  seem 
to  wish  it. 

March  23.  Went  with  a  party  to  wait  on  Mr.  Jefferson.  He  was 
out.  We  left  our  names. 

Mr.  Morris  chatted  with  great  freedom  with  me  this  day  on  his 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      185 

private  affairs.  Explained  some  of  the  difficulties  he  had  met  with 
in  the  settlement  of  his  accounts.  Says  the  balance  will  be  in  his 
favor.  Declares  he  will  soon  have  done  and  put  to  silence  his  ad- 
versaries. Justice  says  plainly  this  ought  to  be  the  case,  if  he  has 
been  injured.  He  is  very  full  of  the  affair  between  him  and  me. 
His  countenance  speaks  the  appearance  of  sincerity  and  candor. 
Interest,  however,  the  grand  anchor  to  secure  any  man,  lies  at  the 
bottom. 

24.  This  day  little  of  consequence  done  in  the  Senate. 

I  was  called  out  of  the  Senate.  When  I  came  in  the  report  of 
the  committee  on  the  difference  of  boundary  between  the  United 
States  and  Nova  Scotia  was  under  consideration.  I  said  a  few 
words,  which  appeared  to  be  well  received,  on  the  subject.  Izard 
and  Butler  both  manifested  a  most  insulting  spirit  this  da}r,  when 
there  was  not  the  least  occasion  for  it,  nor  the  smallest  offense 
offered.  These  men  have  a  most  settled  antipathy  to  Pennsylvania, 
owing  to  the  doctrines  patronized  in  that  State  on  the  subject  of 
slavery. 

March  25.  The  Speaker  told  me  last  night  that  Mr.  Clymer 
wished  to  see  us  this  morning  at  his  lodgings.  As  I  always  em- 
brace the  smallest  hint  to  meet  the  delegation,  I  was  early  ready, 
but  the  Friends,  who  had  been  in  town  on  the  abolition  business, 
called,  in  two  parties,  to  take  leave  of  us.  I,  however,  hastened  to 
Mr.  Clymer 's  lodgings.  Found  Scott,  Hiester,  and  Wynkoop  at 
the  door.  I  asked  what  had  happened.  Scott,  with  a  great  laugh, 
said  Clymer  had  read  them  a  letter  to  the  Speaker,  and  was  dread- 
fully afraid  all  the  people  would  fly  to  the  western  world.  I  replied, 
Scott,  I  told  you  some  time  ago  that  all  this  would  happen  if  you 
taxed  the  Atlantic  States  too  high,  and  you  gave  me  a  great  Mo- 
nongahela  laugh  in  answer.  Aye,  says  he,  and  I  will  give  you  many 
more.  I  went  up  stairs,  and  had  a  letter  of  Clymer's  composing 
put  into  my  hands  ;  the  amount  of  it  was  that  every  man  was  worth 
£200  sterling ;  that  every  man  that  went  to  the  western  country 
was  lost  to  the  United  States,  and  therefore  every  tract  of  land  we 
sold  to  a  settler  would  be  attended  with  the  loss  of  a  man,  or  his 
equivalent,  £200,  deducting  the  trifle  the  United  States  would  get 
for  the  land. 

All  this  fine  reason  falls  dead  to  the  ground  should  it  appear  that 
the  man  is  not  lost  to  the  United  States.  It  is,  however,  fact  that 
by  an  impolitic  oppression  of  taxes  we  may  detach  the  whole  coun- 
try from  us,  and  connect  them  with  New  Orleans ;  and  in  that  case, 
we  will  get  nothing  for  the  lands.  Clymer  came  in,  and  said,  on 
the  principle  of  that  letter,  he  would  vote  against  paying  any  of  the 


186  SKETCHES  OF  DEBATES 

public  debts  with  back  lands.  What  a  deal  of  pains  he  has  been  at 
to  fish  up  some  kind  of  reason  to  accommodate  his  vote  to  the  wish 
of  the  public  creditors,  alias  speculators.  They  are  a  powerful 
body  in  Philadelphia,  and,  therefore,  not  to  be  neglected.  I  asked 
what  our  friends  in  Philadelphia  thought,  particularly  on  the  as- 
sumption of  the  State  debt.  He  said  they  were  divided,  but  there 
were  more  against  it  than  for  it.  He  now  said  some  fine  things  on 
the  improvement  of  the  State,  &c.  I  walked  with  him  and  Colonel 
Hartley.  All  the  way  to  the  Hall  did  his  tongue  run  on  the  sub- 
ject of  going  to  the  Potomac.  I  bore  my  testimony  in  the  plainest 
language  against  all  this  ;  regretted  our  not  having  tried  an  adjourn- 
ment to  Philadelphia  a  year  ago.  Said  if  we  would  go  to  Philadel- 
phia, with  the  promise  of  the  permanent  residence  on  the  Potomac, 
we  could  without  it.  He  was  peevish  and  fretful. 

No  business  of  consequence  done  in  the  Senate.  Two  bills  came 
up  to  be  signed.  Our  President  used  these  words  from  the  chair, 
before  he  signed  them  :  Is  there  any  objection,  gentlemen,  to  the  sign, 
ing  of  these  bills  ?  He  seems  a  tone  lower  than  he  used  to  be.  The 
amendment  on  the  mitigation  bill  was  non-concurred  in,  and  man- 
agers for  a  conference  appointed. 

26.  The  bill  for  augmenting  the  military  to  sixteen  hundred  men 
came  up.  Read,  and  Monday  appointed  for  a  second  reading. 

A  petition  read  from  Captain  Barry  and  others  for  commutation. 
Nothing  else  done  in  Senate.  Spent  some  time  on  the  bill  for  the 
encouragement  of  inventions,  &c. 

The  Speaker  had  company  this  day.  All  Pennsylvanians.  Mr. 
Morris  took  pains  to  make  himself  agreeable.  The  Speaker  told 
him  they  had  determined  to  risk  the  revenue  business,  as  they  now 
found  Williamson  and  Ash  would  be  for  the  assumption,  as  they 
had  changed  their  minds.  How  true  is  the  observation  made  by 
Henry,  of  Maryland  :  All  great  governments  resolve  themselves 
into  cabal.  Ours  is  a  mere  system  of  jockeying  opinions.  Yote 
this  way  for  me,  and  I  will  vote  that  way  for  you. 

March  2T.  Received  a  few  lines  from  Doctor  Rush,  in  which  he 
tells  me  I  am  complained  of  for  corresponding  with  the  Controller 
General.  This  I  well  know  comes  from  Fitzsimmons.  He  would 
wish  that  no  man  but  himself  should  know  anything  of  the  finances 
of  Pennsylvania.  I  have  made  advances  to  the  Philadelphians  re- 
peatedly, but  they  shake  us  off;  and,  when  meetings  had  been  set- 
tled for  the  communication  of  knowledge,  they  have  broken  them 
up.  But  I  am  found  to  possess  knowledge  of  the  finances  of  Penn- 
sylvania. The  presumption  is  that  I  correspond  with  Nicholson. 
Am  become  independent  of  them,  and,  therefore,  criminal. 


IN  TIII:  Pi  i IST  SENATE  OF  THE  UNITED  STATES.      187 

Mr.  Morris  has  made  no  agreement  with  me  about  lands.  He  said 
he  would  draw  up  something  on  this  subject  in  writing.  Nothing 
of  this  has  happened,  and,  perhaps,  never  will.  I  thought  such  a 
thing  might  happen,  and  was  careful  in  my  letter. 

1  wish  I  was  honorably  off  with  this  same  business  of  Senate. 
If  Congress  continues  to  sit  in  New  York,  I  cannot  pretend  to  con- 
tinue a  member  of  it.  Circumstances  may  direct  me  to  what  is 
best.  God  has,  however,  given  to  every  man  his  talent  for  the  ex- 
press purpose  of  making  use  of  it ;  or,  in  other  words,  that  he  may 
conduct  himself  on  the  principles  of  right  reason.  May  he  enable 
me  to  keep  my  lamp  trimmed  always. 

29th  March.  Committee  on  the  bill  for  the  progress  of  writs, 
&c.,  reported.  Three  other  bills  came  up  to  us — one  for  treaty  with 
Indians — for  extending  the  effect  of  the  State  inspection  laws,  and 
the  Xorth  Carolina  cession.  The  last,  amended  by  striking  out  the 
word  "  Honorable  "  from  before  the  names  of  the  Senators.  Butler 
bounced,  and  Izard  made  frightful  faces  at  it.  They  were  opposed 
by  King,  Ellsworth,  and  Patterson.  I  was  pleased  to  see  the  York- 
ers and  Southern  people  at  it.  The  business  was  got  rid  of  by  a 
new  clause  altogether  in  the  beginning  of  the  bill,  from  which  a 
clear  inference  in  practice  follows,  viz :  That  the  whole  of  the  bill 
is  in  the  power  of  the  Senate,  notwithstanding  their  former  agree- 
ment, and  the  concurrence  of  the  other  House  to  any  part  or  parts 
of  it ;  and  then  deliberations  are  not  confined  to  the  parts  only  re- 
specting which  the  disagreement  subsists.  I  have  spoken  to  Otis 
to  copy  all  the  papers,  that  I  may  plead  this  precedent,  if  necessary; 
for  this  doctrine  was  pointedly  denied  in  the  disputes  respecting 
the  permanent  bill. 

This  day  the  House  of  Representatives  took  up  the  report  of  the 
Committee  of  the  Whole  House  on  the  Secretary's  report ;  and  after 
adopting  the  three  first  clauses,  re-committed  the  one  on  the  assump- 
tion of  the  State  debts — 29  to  27  ;  so  that  I  hope  this  will  be  re- 
jected at  last. 

The  Speaker  has  declared  that  he  will  vote  against  it,  if  there 
should  be  a  tie  in  the  House.  This  was  my  opinion,  which  he  early 
adopted,  and  which  he  has  so  often  subscribed  to,  that  it  will  be 
impossible  for  him  to  recede  from  it,  upon  this  principle — that  a 
matter  of  moment,  not  absolutely  necessary,  had  better  be  omitted 
than  carried  by  so  small  a  majority  as  one  vote.  This  opinion  has 
met  with  much  approbation  from  many  members  of  Senate  ;  and  I 
have  taken  care  to  let  the  Speaker  know  it. 

March  30.  Third  reading  of  the  bill  for  the  progress  of  useful 
arts  produced  a  debate  by  the  New  England  members  in  favor  of  a 


188  SKETCHES  OF  DEBATES 

man  from  their  country;  but  by  being  joined  by  the  southern  men 
we  defeated  them. 

Read  the  law  for  giving  effect  to  the  inspection  laws  of  the  States. 
Message  from  the  Representatives,  with  cession  bill  agreed  to. 
Message  from  the  President,  with  nominations  to  vacant  offices. 
The  bill  for  the  military  establishment  took  up  the  rest  of  the  day 
in  desultory  debate,  and  was  finally  committed  to  seven  members. 
This  bill  seems  laying  the  foundation  of  a  standing  army. 

The  justifiable  reasons  for  using  force  seem  to  be  the  enforcing 
of  laws,  quelling  insurrections,  and  repelling  invasions.  The  Con- 
stitution directs  all  these  to  be  done  by  the  militia.  Should  the 
United  States  unfortunately  be  involved  in  war,  an  army  for  the 
annoyance  of  an  enemy  in  their  own  country,  (as  the  most  effective 
mode  of  keeping  the  calamity  at  a  distance,  and  forcing  an  adver- 
sary to  terms,)  will  be  necessary.  This  seems  the  meaning  of  the 
Constitution,  and  that  no  troops  should  be  kept  up  in  peace.  This 
bill  certainly  aims  at  different  objects.  The  first  error  seems  to 
have  been  the  appointing  a  Secretary  at  War  when  we  were  at  peace ; 
and  now  we  must  find  troops,  lest  his  office  should  run  out  of  em- 
ployment. 

Dressed,  and  attended  the  levee.  I  generally  used  to  leave  this 
part  of  duty  to  Mr.  Morris ;  but  now  he  is  gone,  and,  lest  there 
should  be  any  complaints,  I  will  discharge  this  piece  of  etiquette. 
The  day  was  fine,  and  the  levee  large. 

March  31.  A  call  of  the  gladiators  this  morning.  Therefore,  ex- 
pect it  will  be  a  day  of  some  importance  in  the  House  of  Repre- 
sentatives. 

In  Senate,  the  bill  for  enforcing  the  inspection  laws  of  the  State 
had  a  third  reading.  The  appointments  of  Rufus  Putnam,  a  judge 
of  the  Western  Territory  ;  James  Brown,  attorney  for  Kentucky  ; 
and  Henry  Bogart,  surveyor  for  Albany,  were  consented  to.  Senate 
adjourned. 

Early  went  to  hear  the  event  of  this  day's  debates  in  the  House 
of  Representatives.  Nothing  remarkable,  save  a  violent  personal 
attack  on  Hamilton  by  Judge  Burk,  of  South  Carolina,  which  the 
men  of  the  blade  say  must  produce  a  duel.  The  question  was  not 
taken  on  the  assumption. 

Mr.  Wynkoop  spoke  to  me  in  the  Representative  Chamber  to  have 
a  meeting  of  the  delegation.  1  supported  this  idea,  and  we  agreed 
to  meet  at  the  Speaker's.  But  I  first  went,  and  drank  tea  with  Mr. 
Wynkoop  and  Mrs.  Wynkoop. 

There  was  a  great  deal  of  desultory  discourse  at  the  meeting. 
Mr.  Clymer  took  on  him  to  assert  that  the  State  of  Pennsylvania 


Lv  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      189 

was  in  debt  to  the  Union,  and  disbelieved  all  Mr.  Nicholson's  state- 
ments, and  declared  unequivocally  for  burning  all  old  accounts. 

I  metioned  Nicholson's  statements  as  being  made  from  authority, 
and  that  they  neither  ought  nor  could  be  invalidated  on  supposi- 
tion. That  the  old  confederation  had  proceeded  every  step  on  the 
grounds  of  a  final  settlement.  That  to  annihilate  the  old  accounts 
was  contrary  to  the  new  constitution,  which  had  sanctified  every  act 
of  the  old  Congress ;  nor  could  I  see  how  any  State  could  call  on 
the  Union  to  assume  any  debt  of  theirs  until  she  showed,  by  a  set- 
tlement, that  she  had  exceeded  her  requisitions. 

April  1,  1790.  This  day,  in  Senate,  two  bills  were  signed:  The 
Carolina  cession  act  and  the  bill  for  giving  effect  to  the  State  in- 
spection laws.  A  committee  was  also  appointed  to  settle  the  pay 
of  the  Senators  up  to  this  time. 

The  Senate  adjourned,  and  I  went  into  the  Chamber  of  Repre- 
sentatives to  hear  the  debates.  It  was  a  dull  scene.  Gerry  took  up 
the  time  of  the  committee  to  the  hour  of  adjournment.  He  is  a 
tedious  and  most  disagreeable  speaker.  The  committee  rose,  and 
no  question  was  taken. 

Soon  after  I  came  in,  I  took  an  opportunity  of  speaking  to  Mr. 
Wynkoop.  I  was  pointing  out  some  inconveniences  of  the  assump- 
tion. I  found  he  seemed  much  embarrassed.  Lawrence  and  Benson 
had  got  him  away  from  his  usual  seat  to  near  where  they  commonly 
sat.  He  paused  a  little.  Got  up  rather  hastily.  Said  :  God  bless 
you.  Went  out  of  the  Chamber,  and  actually  took  his  wife,  and 
proceeded  home  to  Pennsylvania. 

April  2.  The  House  of  Representatives  met,  but  adjourned  on 
account  of  the  holiday. 

I  conversed  this  day  at  the  Hall  with  George  Gray.  He  declares 
the  people  of  Pennsylvania  are  universally  opposed  to  the  assump- 
tion, now  the  matter  seems  understood.  This  is  the  effect  of  the 
publications,  which  I  have  labored  hard  indeed  to  get  into  the 
prints.  The  Speaker  is  now  firm  against  the  assumption,  and  so  is 
Scott.  Clymer  is  so,  too,  but  I  am  not  quite  certain  whether  his 
wish  of  popularity  has  yet  been  able  to  subdue  his  pride.  I  have 
put  my  political  life  in  my  hand  in  starting  this  opposition  in  the 
teeth  of  the  Philadelphians.  If  I  fail,  my  seat  in  Congress  and 
disgrace  in  the  public  eye  will  follow.  But  I  am  conscious  of  rec- 
titude of  intention,  and  hie  murus  aheneus  esto,  nil  conscire  sibi, 
nulla  pallescere  culpa. 

April  3.  Called  in  the  morning  at  Mr.  Hamilton's  office  to  make 
an  apology  for  not  dining  with  him.  Could  not  see  him.  He  was 
closeted  with  the  Secretary  at  War.  Was  desired  to  stay  until  he 


190  SKETCHES  or  DEBATES 

was  disengaged.  The  importance  of  my  business  would  not  justify 
this.  Gave  my  name  and  compliments  to  Colonel  Hamilton,  and 
information  that  the  badness  of  the  weather  prevented  my  dining 
with  him  yesterday,  as  I  happened  to  be  so  unfortunate  as  not  to 
be  able  to  procure  a  carriage. 

And  now,  this  momentous  affair  being  settled,  went  to  the  Hall. 
The  minutes  were  read.  A  message  from  the  President  of  the 
United  States.  A  report  handed  to  the  Chair.  The  report  was 
the  pay  due  to  each  member.  Doctor  Elmer  and  Mr.  Bassett  whis- 
pered me,  after  the  report  was  handed  in,  that  King  and  Schuyler 
were  allowed  full  pay,  notwithstanding  they  had  not  been  much  with 
us,  and  that  Dr.  Johnson  was  allowed  full  pay  and  mileage  to  Con- 
necticut, though  he  lives  here ;  while  the  time  Dr.  Elmer  was  absent 
was  deducted. 

I  went  into  the  Representative  Chamber  expecting  the  assumption 
would  be  taken  up.  A  listless  apathy  seemed  to  pervade  the  whole. 
Two  motions  were  negatived  touching  some  appointment  of  a  foreign 
nature,  that  did  not  seem  to  have  been  well  digested.  Somebody 
said  adjourn,  and  they  adjourned  accordingly.  This  really  seems 
like  the  mockery  of  business.  The  New  England  men  despair  of 
being  able  to  saddle  us  with  their  debts,  and  now  they  care  not 
whether  they  do  any  business  or  not. 

April  4.  When  I  was  called  down  to  dinner,  the  Speaker  and 
General  were  closeted  with  Clymer  and  Jackson.  All  was  profound 
mystery.  We  had  half  finished  our  dinner  before  they  joined  us. 
I  saw  they  were  filled  with  thoughts  of  importance,  but  I  scorned 
to  be  inquisitive.  I  retired  to  my  chamber.  The  Speaker  soon 
came  to  me,  and  unfolded  the  mystery.  Clymer  had  a  proposal  to 
barter  away  the  Pennsylvania  votes,  for  an  assumption,  for  the 
Carolina  and  Massachusetts  votes,  for  an  adjournment  to  Philadel- 
phia. The  Speaker,  however,  avowed  to  me  the  reason  of  the  vote 
for  assumption,  viz  :  consolidation,  and  uniting  in  one  government. 

I  told  him  plainly  Hamilton  had  no  abilities  for  such  a  work,  and 
the  thing  would  miscarry  in  his  or  any  other  hands.  I  determined 
to  go  and  call  on  Clymer  about  this  business.  I  did  so,  but  he  had 
Jackson  (of  the  President's  family)  with  him.  I  sat  till  I  was  tired 
and  rose  with  the  first  of  the  company  to  come  away.  Clymer  asked 
me  to  walk  on  the  Battery,  and  we  roamed  almost  the  whole  length 
of  the  town,  up  the  East  river  and  back  again,  without  his  giving 
me  an  opportunity  of  speaking  with  him.  I  felt  hurt  at  his  distant 
treatment.  I  went  with  him  home.  He  called  Jackson  in.  Jack- 
son made  a  florid  harangue  on  the  golden  opportunity  of  bartering 
the  votes  of  Pennsylvania  with  South  Carolina  and  Massachusetts, 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      191 

to  give  the  assumption  and  get  the  residence  of  Congress.  What- 
ever I  might  have  done  in  other  company,  I  would  not  commit  my- 
self to  Jackson.  I  spoke  my  sentiments  sincerely  on  the  villainy 
of  bartering  votes ;  declared  my  opinion  that  Pennsylvania  need 
make  no  sacrifice  to  obtain  Congress ;  that  matters  were  working 
as  favorably  as  could  be  wished ;  that  I  entertained  no  doubt  of  ad- 
journing to  Philadelphia;  that  assuming  the  State  debts,  in  the 
manner  proposed,  was  so  radically  wrong  that  nothing  could  justify 
the  act,  and  that  the  postponement  of  it  ought  to  take  place  at  any 
rate. 

Clymer  said  it  would  not  be  postponed — it  would  be  carried. 

I  said  the  Pennsylvanians  might  see  each  other  before  that  time. 
He  said  they  could  not.  I  told  him  if  the  Pennsylvanians  were 
able  to  postpone  it  after  a  contract  was  made,  they  were  able  to  do 
it  without  any  contract ;  and  if  they  really  meant  to  sell  their  votes, 
it  was  idle  to  talk  of  giving  them  without  and  before  a  contract  was 
made.  Make  a  present  of  a  thing,  and  you  need  not  demand  a  price 
afterwards.  I  concluded  with  saying  I  would  have  time  enough  to 
make  up  my  mind  before  the  business  appeared  before  the  Senate  , 
but  had  no  objection  to  deliver  my  sentiments  at  any  time,  and  had 
given  them  now  with  freedom. 

Hence  appears  plainly  how  much  the  assumption  of  the  State 
debts  made  a  point  of  by  the  court  party.  In  fact  the  reduction 
of  the  State  governments  was  the  object  in  theory  in  framing  both 
the  Constitution  and  Judiciary,  and  in  as  many  laws  of  the  United 
States  as  were  capable  of  taking  a  tincture  of  that  kind.  But  it 
won't  do. 

Monday,  5th  April.  The  bill  for  the  progress  of  the  useful  arts 
was  concurred  with  after  considerable  debate.  The  report  of  the 
Senators  from  the  joint  committee  on  the  mitigation  bill  was,  that 
the  disagreement  continued. 

A  communication  of  the  President  of  the  United  States  of  three 
acts  of  the  Legislature  of  New  York.  The  whole  papers  were  read. 
The  act  of  transmission  from  the  government  of  New  York  was 
pomposity  itself.  They,  however,  often  reiterated  the  words,  Free 
and  Independent,  which  I  thought  done  designedly. 

I  had  some  discourse  with  Col.  Hartley,  and  he  has  promised  to 
withhold  his  vote  for  the  assumption  for  some  time  at  least. 

I  went  this  afternoon  to  hear  a  negro  preach.  I  can  only  say  it 
would  be  in  favor  of  religion  in  general  if  preachers  manifested  the 
same  fervor  and  sincerity  that  was  apparent  in  his  manner.  He  de- 
clared himself  untutored,  but  he  seemed  to  have  the  Bible  by  heart, 
Tempora  mutantur,  et  nos  mutamur  in  illis. 


192  SKETCHES  or  DEBATES 

April  6.  The  Senate  seemed  likely  to  have  no  business  before 
them  this  day  ;  but  all  at  once  up  rose  Few,  and  offered  a  report 
of  the  bill  for  the  military  establishment.  Some  trifling  amendments 
were  made  in  the  compensation  to  the  officers,  but  the  bill  was  ma- 
terially the  same.  It  was  generally  agreed  to,  as  the  sense  of  the 
Senate,  that  no  report  should  be  offered  until  the  bill  for  regulating 
the  intercourse  with  the  Indians  and  the  treaty  bill  should  be  put 
into  the  hands  of  the  same  committee ;  but  whatever  is,  is  best.  It 
is  out  of  the  hands  of  that  committee,  and  postponed.  I  spoke 
against  the  whole  bill  as  the  egg  from  which  a  standing  army  would 
be  hatched,  as  it  is  a  standing  army  in  fact,  for  the  smallness  of  the 
number  does  not  diminish  the  principle.  But  I  foresee  I  will  have 
much  to  say  under  this  head  at  a  future  day. 

Carroll,  of  Carrollton,  edged  near  me  in  the  Senate  Chamber,  and 
asked  me  if  I  had  seen  the  King  of  France's  speech  and  the  acts 
of  the  Tiers  Etats,  by  which  the  distinctions  of  nobility  were  broken 
down.  I  told  him  I  had,  and  I  considered  it  by  no  means  dishonor- 
able to  us  that  our  efforts  against  titles  and  distinctions  were  now 
seconded  by  the  representative  voice  of  twenty-four  millions.  A 
flash  of  joy  lightened  from  his  countenance.  How  fatal  to  our  fame 
as  lovers  of  liberty  would  it  have  been  had  we  adopted  the  shackles 
of  servility  which  enlightened  nations  are  now  rejecting  with  de- 
testation. 

April  7.  A  committee  was  appointed  in  the  Senate  to  bring  in 
a  bill  for  the  territory  of  the  United  States  south  of  the  Ohio.  I  did 
not  oppose  the  appointment  of  a  committee,  but  told  some  of  them 
that  they  must  make  it  stand  alone,  as  I  wished  to  avoid  all  ex- 
pense. I  had  no  notion  of  salaries  to  the  Governor,  judge,  &c.  I 
considered  the  motion  brought  forward  by  way  of  making  some 
entry  on  the  journals  as  much  as  anything  else-  A  short  bill,  how- 
ever, came  up,  and  had  a  first  reading. 

The  Speaker  had  company  this  day.  I  was  wanting  in  spirits, 
and  did  not  seem  to  enjoy  it.  The  table  was,  however,  filled  well, 
and  there  was  a  good  flow  of  conviviality.  After  dinner,  the  Speaker 
told  me  that  Fitzsimmons  and  Clymer  wanted  to  see  the  delegation 
at  their  quarters.  I  was  not  well.  It  was  late  ;  and  a  tempest  of 
wind,  and  very  cold.  But  I  went.  I  told  Fitzsimmons  that  every- 
thing, in  a  pecuniary  point  of  view,  must  remain  in  doubt  until  the 
accounts  were  settled.  That  the  only  man  who  had  it  in  his  power 
to  give  an  opinion  on  the  subject  (the  Comptroller  General)  had 
taught  us  to  think  differently.  I  said  that  the  State,  navy,  and 
defense  of  the  river  Delaware,  had  cost  vast  sums.  I  could  not  see 
that  the  defense  of  the  Delaware,  &c.,  was  any  more  a  charge  against 


IN  THE  FIRST  SEN  ATI-:  OF  THE  I'MTED  STATES.      193 

Pennsylvania  than  the  expense  of  the  American  arms  before  Bos- 
ton was  a  (li'iii.iiul  against  Massachusetts,  or  the  charges  at  York- 
town  against  Virginia.  If  Pennsylvania  advanced  the  money,  it 
was  in  the  general  defense  as  well  as  her  own,  and  the  charge  lay 
well  against  the  Union. 

The  business  of  the  meeting  was  to  consult  about  an  adjourn- 
ment to  Philadelphia,  and  as  the  votes  of  Penns}dvania  would  de- 
termine for  or  against  assumption,  whether  they  could  not  be  so 
managed  as  to  effect  that  measure.  I  will  only  set  down  what  I 
said  on  the  matter  as  opinion,  that  to  barter  votes  was  unjustifiable; 
that  the  risk  of  losing  votes  was  as  great  as  the  chance  of  gaining 
by  making  a  bargain  with  the  other  side,  for  Philadelphia  had 
friends  on  both  sides ;  that  the  best  way  was  to  postpone  the  as- 
sumption and  push  the  adjournment  to  Philadelphia,  while  both 
parties  feared  and  both  courted  the  Pennsylvania  vote. 

A  pril  8.  A  bill  which  came  up  yesterday  for  suspending  part  of 
the  revenue  law,  with  respect  to  the  port  of  Yeomus,  in  Virginia, 
was  read  a  second  time.  Now  Ellsworth  moved  some  alteration  of 
the  law  with  regard  to  some  ports  in  Connecticut.  Langdon 
wanted  an  alteration  in  New  Hampshire,  and  Dalton  one  for  Massa- 
chusetts. It  was  committed  to  these  three  members. 

April  9.  The  committee  of  yesterday  reported  the  bill  with 
Ellsworth's  amendment  only.  Said  Mr.  Hamilton  was  of  opinion 
when  the  new  impost  law  was  enacted  the  other  amendments  could 
be  introduced.  This  is  art  in  him  to  make  friends  to  his  new  bill, 
and  shows  that  he  either  is  still  confident  of  success  or  affects  it. 
There  was  no  objection,  and  the  bill  had  all  its  readings. 

Ellsworth  reported  a  bill  for  the  government  south  of  the  Ohio. 
It  was  to  be  the  same  as  the  government  of  the  Western  Territory, 
mutatis  mutandis.  I  had  some  previous  discourse  with  Ellsworth 
on  this  subject. 

In  Senate  this  day  the  gladiators  seemed  more  than  commonly 
busy.  As  I  came  .out  from  the  Hall,  all  the  President's  family  were 
there — Humphreys,  Jackson,  Nelson,  &c.,  &c.  They  had  Vining 
with  them;  and  as  I  took  it,  were  a  standing  committee  to  catch 
the  members  as  they  went  in  or  came  out.  The  crisis  is  at  hand. 
At  dinner  the  Speaker  told  me  there  had  been  a  call  of  the  Secre- 
tary's party  last  night.  Fitzsimmons,  he  said,  had  been  sent  for, 
and  they  had  determined  to  risk  an  action  to-morrow. 

April  10.  Dressed  and  attended  to  see  the  event  of  the  day ;  but 

it  was  put  off  by  consent.     The  Treasurer  told  me  the  reason  of  it 

afterwards.     Sherman,  who  is  against  the  assumption,  is  expected 

to  go  away,  and  thus  the  other  party  will  be  less  stronger,  or  at 

13  * 


194  SKETCHES  OF  DEBATES 

least  more  so,  by  one  vote.  The  Secretary's  people  scarce  disguise 
their  design,  which  is  to  create  a  mass  of  debt  which  will  justify 
them  in  seizing  all  the  sources  of  government,  thus  annihilating  the 
State  Legislatures,  and  creating  an  empire  on  the  basis  of  consoli 
dation. 

Monday,  April  12.  The  business  done  in  Senate  this  day  was 
trifling.  A  bill  for  establishing  the  government  of  the  North  Caro- 
lina cession  was  taken  up.  I  had  occasion  to  speak  to  it,  and  moved 
a  postponement  until  the  bill  be  printed  and  put  into  the  members' 
hands.  It  was  carried.  Ellsworth  was  fretted,  and  I  cared  not. 

Two  amended  bills  came  up  from  the  other  House  and  were  post- 
poned. We  adjourned. 

I  went  into  the  House  of  Representatives  to  hear  the  question 
of  assumption  taken.  Ctymer  got  up,  said  the  assumption  was  two 
millions  and  a  quarter  against  his  State — more  than  it  ought  to 
pay;  but  for  confirming  the  Government  and  for  national  purposes, 
he  would  vote  for  it.  I  could  not  hear  all  he  said,  but  the  above 
was  the  amount  of  it. 

Fitzsimmons  hoped  to  have  a  great  many  conditions  obtained, 
such  as  that  the  interest  of  the  State  debt  should  be  paid  in  the 
respective  States  ;  that  no  improper  charges  should  be  brought  for- 
ward. But  he  would  vote  for  it  now  in  expectation  that  these  con- 
ditions would  be  obtained  afterwards. 

Certainly  this  could  not  be  called  the  conduct  of  a  wise  man ;  he 
voted,  as  well  as  Clymer,  for  it  formerly,  and  took  all  the  Pennsyl- 
vania delegation  with  him  except  Hiester  and  General  Muhlenberg, 
without  any  condition  whatever.  The  question  was,  however,  taken 
and  lost — thirty-one  against  it,  twenty-nine  for  it.  Fitzsimmons, 
Clymer,  and  Hartley  voted  for  it.  Sedgwick,  from  Boston,  pro- 
nounced a  funeral  oration  over  it.  He  was  called  to  order.  Some 
confusion  ensued. 

Fitzsimmons  first  recovered  recollection  and  endeavored  to  rally 
the  discomfited  and  disheartened  heroes.  He  hoped  the  good  sense 
of  the  House  would  still  predominate,  and  lead  them  to  reconsider 
the  vote  which  had  been  now  taken ;  and  he  doubted  not  but  it 
would  yet  be  adopted,  under  proper  modifications.  The  Secretary's 
group  pricked  up  their  ears,  and  speculation  wiped  the  tear  from 
either  eye.  Goddess  of  description,  paint  the  gallery.  Here's  the 
paper — find  fancy,  quills,  or  crayons  yourself. 

Tuesday,  13.  Nothing  of  moment  done  this  day  in  the  Senate. 
The  bill  for  the  territory  south  of  the  Ohio  passed  a  second  reading. 
Some  trifling  debate  on  the  amendments  of  the  bill  defining  crimes 
and  punishments. 


IN  THE  FIRST  Si:.\.\  ri;  OF  THE  UNITED  STATES.      195 

Thursday,  April  15.  The  bill  for  regulating  the  military  establish- 
ment was  called  up.  The  friends  of  this  bill  seem  to  be  chiefly  Butler, 
King,  and  Schuyler.  I  have  opposed  this  bill  hitherto,  as  often  as 
it  has  been  before  the  House,  as  the  foundation,  the  cornerstone  of 
a  standing  army.  The  troops  are  augmented  one  half.  The  reasons 
hitherto  given  have  been  the  distressed  state  of  Georgia.  Butler 
I  IMS  1  (lazed  away  on  this  subject  at  a  great  rate.  Declared  over 
and  over  that  Georgia  would  seek  protection  elsewhere  if  troops 
were  not  sent  to  support  her,  and  said  fifty  Indians  had  penetrated 
into  the  State,  of  which  he  had  authentic  information,  &c.  Carroll 
joined  him.  King  and  Schuyler,  Ellsworth  and  Lee  opposed  them. 
Lee  made  a  set  speech  against  standing  armies.  He  really  spoke 
well.  King  at  last  got  up,  and  rather  upbraided  the  Georgia  mem- 
bers for  their  silence  on  this  question.  This  brought  up  Colonel 
Gunn.  He  declared  he  knew  nothing  of  fifty  Indians  making  any 
inroad  into  Georgia.  He  was  just  from  there,  and  had  the  latest 
accounts.  Georgia  was  in  peace,  and  never  had  a  better  prospect 
of  continuing  so.  There  existed  no  cause  in  Georgia  for  augment- 
ing the  troops ;  and  since  that  was  the  reason  assigned  for  it,  he 
should  vote  against  it. 

April' 16.  And  now  again  for  the  augmentation  of  the  troops. 
I  took  a  minute  view  of  all  the  papers  forwarded  by  General  Knox. 
They  were  copies  of  letters  which  he  had  received  from  different 
places, and  carried,  evidently , management  on  the  face  of  them.  Thus, 
for  instance,  General  Knox  writes  to  General  Wayne,  in  Georgia,  to 
inform  him  whether  the  Spaniards  had  not  lately  supplied  the  In- 
dians with  arms  and  ammunition.  General  Wayne  answers  that 
his  inquiries  on  this  head  resolved  themselves  into  the  affirmative, 
and  adds  his  opinion  that  it  is  highly  probable  hostile  uses  may  be 
made  of  those  supplies  by  the  savages.  In  this  manner,  leading 
letters  procure  favorable  answers  from  men  who  expect  to  be  em- 
ployed in  case  troops  are  raised.  Before  Colonel* Gunn  came,  the 
dangers  and  distress  of  Georgia  were  magnified  as  far  as  fancy 
could  from  frightful  pictures.  Colonel  Gunn  contradicts  all  this. 
Xew  phantoms  for  the  day  must  be  created.  Xow  a  dreadful  and 
dangerous  conspiracy  is  discovered  to  be  carrying  on  between  the 
people  of  Kentucky  and  the  Spaniards.  King  unfolded  this  mys- 
terious business,  adding  he  conceived  his  fears  were  well  founded. 
He  firmly  believed  there  was  a  conspiracy.  That  it  was  dangerous 
to  put  arms  into  the  hands  of  the  frontier  people  for  their  defense, 
lest  they  should  use  them  against  the  United  States. 

I  really  could  scarce  keep  my  seat  and  hear  such  base  subterfuges 
made  use  of,  one  after  anotker.  I  rose,  demanded  what  right  gen- 


196  SKETCHES  OF  DEBATES 

tlemen  had  to  monopolize  information.  If  they  had  it,  let  them 
come  forward  with  it  and  give  other  people  an  opportunity  of  judg- 
ing of  the  authenticity  of  the  information,  as  well  as  the  persons  in 
possession  of  it.  Declared  I  could  not  tamely  sit  and  hear  the 
characters  of  the  people  on  the  western  waters  traduced  in  the 
lump.  This  day  was  the  first  ever  I  heard  of  the  word  conspiracy 
being  applied  to  the  inhabitants  of  the  western  waters.  I  had  a 
right  to  doubt  it  until  authentic  proof  was  brought  forward  of  the 
fact.  I  felt  myself  disposed  to  wipe  King  hard,  and  certainly  did 
so.  It  was  moved  and  seconded  very  fairly  to  reduce  the  number 
to  one  thousand,  and  carried,  eleven  to  nine.  Ellsworth,  though 
he  spoke  for  the  reduction,  voted  against  us.  Mr.  Morris  desired 
to  be  excused  from  voting,  as  he  had  come  but  lately.  Ellsworth 
said  he  voted  against  one  thousand  because  he  wanted  twelve  hun- 
dred ;  and,  though  it  was  certainly  out  of  all  order,  got  a  question 
put  on  this  number,  and  carried  it  by  one  vote.  No  man  ever  had 
a  more  complete  knack  of  putting  his  foot  in  a  business  than  this 
same  Ellsworth.  At  one  thousand  we  should  have  had  but  one 
regiment.  Now  the  committee  to  whom  it  is  re-committed  will  try 
to  continue  them  in  two.  And  yet,  economy  is  all  his  cry. 

I  gave  notice  that,  when  the  title  of  the  bill  came  to  be  considered, 
I  would  move  to  strike  out  for  regulating  the  military  establish- 
ment of  the  United  States,  and  mention  particularly  what  I  took 
the  intention  of  the  troops  to  be  agreeable  to  the  old  acts  of  Con- 
gress, viz  :  Protection  of  the  frontiers  of  the  United  States ;  facil- 
itating the  surveying  and  selling  the  public  lands,  and  preventing 
unwarrantable  encroachments  on  the  same.  The  man  must  be  blind 
who  does  not  see  a  most  unwarrantable  management  respecting  our 
military  affairs.  The  constitution  certainly  never  contemplated  a 
standing  army  in  time  of  peace.  A  well  regulated  militia  to  exe- 
cute the  laws  of  the  Union,  quell  insurrection,  and  repel  invasions, 
is  the  very  language  of  the  constitution.  General  Knox  offers  a 
most  exceptionable  bill  for  a  general  militia  law,  which  excites  a 
general  opposition.  Thus  the  business  of  the  militia  stand  still, 
and  the  military  establishment  bill,  which  increases  the  standing 
troops  one  half,  is  pushed  with  all  the  art  and  address  of  ministerial 
management. 

Tuesday,  20.  We  sat  a  long  time  in  the  Senate  without  doing  any- 
thing. At  last,  the  committee  on  the  military  bill  reported.  The 
report  was  a  mere  matter  of  detail,  only  the  clause  limiting  the  bill 
to  two  years  was  struck  out.  I  had  given  notice  that  I  would  move 
to  alter  the  title  of  the  bill  so  as  to  express  the  use  and  intention 
of  raising  the  troops,  but  our  President  was  for  putting  the  question 


IN  THE  FIRST  SENATE  OP^  THE  UNITED  STATES.      197 

on  the  bill  without  saying  anything  about  the  title  at  all.  Ellsworth, 
who  cannot  bear  that  anybody  should  move  anything  but  himself, 
and  to  whom  I  showed  the  title  I  had  proposed  to  offer,  pushed  him- 
self before  me  with  a  title  different  and  much  shorter.  He  was  not 
seconded.  I  offered  mine,  and  was  seconded  by  Lee.  A  long  de- 
bate ensued.  Ellsworth  now  gave  all  the  opposition  in  his  power. 
It  was  really  painful  to  hear  the  servile  sentiments  that  were  ad- 
vanced. The  spirit  of  the  whole  was  that  we  had  nothing  to  do 
with  the  troops ;  had  no  right  to  know  what  the  President  did  with 
them,  or  applied  them  to — it  was  interfering  with  his  command,  &c. 
I  thought  they  were  well  answered.  But  what  of  that,  we  lost  it. 
Ellsworth  now  showed  plainly  that  he  cared  little  about  his  motion, 
and  that  he  had  only  started  his  to  draw  off  the  Senate  from  mine. 
Butler  had  declared  he  would  second  him  during  the  debate  on 
mine.  I,  therefore,  called  for  it.  He  now  moved  it  different,  viz  : 
An  act  to  raise  troops  for  the  set  vice  of  the  United  States.  His 
first  motion  was  for  the  defense  of  the  frontiers,  and  for  other  pur- 
poses. All  we  could  do  was  to  get  a  question  on  it,  such  as  it  was. 
The  Senate  divided — ten  to  ten.  The  President  made  a  remarkable 
speech.  He  said  to  raise  troops  for  the  service  of  the  United  States 
was  as  much  a  standing  army  as  a  military  establishment,  and  voted 
for  the  old  title.  I  thought  I  confirmed  every  argument  I  advanced, 
either  from  the  old  or  new  constitution  of  Pennsylvania,  or  from  the 
constitution  of  the  United  States. 

The  limiting  clause  at  the  end  of  the  bill,  confining  it  to  two 
years,  being  lost,  I  moved  that  the  three  years  in  the  first  clause 
should  be  struck  out,  and  two  inserted.  I  brought  forward  the  ap- 
propriation clause  in  the  constitution  to  support  me  in  this  motion, 
but,  as  it  was  known  where  the  majority  was,  I  could  not  obtain  a 
second. 

We  (had)  a  meeting  last  night  of  our  delegation  on  the  subject  of 
removing  Congress.  The  language  of  the  Philadelphians  (was)  to 
make  a  Potomac  contract.  I  insisted  we  should  lose  as  much  on 
one  hand  as  we  could  gain  on  the  other,  and  infamy  was  certain. 
That  the  business  could  be  better  done  without  it,  &c. 

April  21.  The  bill  for  regulating  the  military  establishment  was 
taken  up  for  a  third  reading.  Being  in  Senate,  and,  of  course,  in 
order,  I  moved  to  restore  the  seventeenth  section,  which  had  been 
struck  out  yesterday,  in  the  following  words  :  And  be  it  further  en- 
acted that  this  act  shall  continue  and  be  in  force  until  the  26th  day 
of  March,  1792. 

NOTE. — Article  one,  section  eight,  pi.  twelve,  of  Constitution  United  States : 
That  Congress  shall  have  power  "  to  raise  and  support  armies,  but  no  appro- 
priation of  money  to  that  use  shall  be,  for  a  longer  term  than  two  years." 


198  SKETCHES  OF  DEBATES 

I  went  over  the  constitutions  of  Pennsylvania — old  and  new. 
That  they  were  abhorent  of  a  standing  army  in  time  of  peace.  In- 
ferred, as  I  thought,  clearly  the  same  doctrine  from  the  constitution 
of  the  United  States.  I  then  showed  that  this  bill  established  a 
standing  army.  It  was  for  regulating  the  military  establishment  of 
the  United  States.  It  carried  a  permanent  establishment  on  the 
face  of  it,  as  it  was  unlimited  in  point  of  time.  It  clearly  carried 
with  it  a  permanent  standing  army.  I  compared  it  to  the  mutiny 
bill  of  Great  Britain.  All  the  world  knew  Great  Britain  had  a 
standing  army,  and  her  soldiers  were  enlisted  generally  for  life  ;  and 
yet  the  jealousy  of  the  nation  was  such  that  the  boldest  minister 
dared  not  propose  the  extending  the  mutiny  bill  to  more  than  one 
year.  In  legislative  theory,  the  English  had  no  standing  army.  It 
was  but  an  annual  one.  But,  if  the  bill  passed  in  its  present  form, 
we  should  not  have  even  theory  to  oppose  to  a  standing  army,  &c. 
Ellsworth  got  up,  and  said  the  reason  the  clause  was  struck  out  was 
that  it  contradicted  the  terms  of  enlistment,  and  he  made  a  distinc- 
tion between  enlisting  men  for  three  years  and  appropriating  pay 
for  them  for  three  years.  We  could  do  the  one.  We  could  not  do 
the  other  without  breaking  the  constitution.  He  wished  they  were 
enlisted  for  seven  or  ten  years,  &c.  I  answered  that  it  seemed  as 
if  men  strained  their  ingenuity  to  try  how  near  they  could  approach 
an  infraction  of  the  constitution  without  breaking  it.  There  could 
be  no  doubt  but  the  clause  limiting  the  appropriation  to  two  years 
was  meant  as  a  bar  against  a  standing  army,  and  yet  gentlemen 
seemed  to  strain  their  faculties  to  accomplish  the  very  end  prohib- 
ited without  being  chargeable  with  a  direct  breach  of  command- 
ments, &c. 

Ellsworth  declared,  both  yesterday  and  this  day,  that  military 
establishment  meant  and  could  mean  nothing  short  of  a  standing 
army. 

Carroll  used  the  same  language,  and  expressly  said  that  though 
the  Constitution  of  Pennsylvania  might  forbid  it,  we  were  not  to 
be  governed  by  any  State  constitution.  But  of  all  the  flamers,none 
blazed  like  Izard.  He  wished  for  a  standing  army  of  ten  thousand 
men.  He  feared  nothing  from  them.  No  nation  ever  lost  their 
liberty  by  a  standing  army,  &c.,  &c.  The  Romans  lost  their  liberty, 
but  it  was  not  by  the  army  under  Julius  Caesar. 

He  was  well  answered  by  Lee,  but  it  was  in  vain.  A  standing 
army  was  the  avowed  doctrine,  and  on  the  question,  Lee,  Wyngate, 
and  myself  rose.  I  openly  declared  my  regret  that  there  were  not 
enough  of  us  to  call  the  yeas  and  nays.  Mr.  Morris  was  not  in  at 
taking  the  question. 


IN  THE  FIRST  SKNATE  OF  THE  UNITED  STATES.      199 

April  22.  The  morning  looked  so  tempting  I  could  not  resist 
the  impulse  I  felt  for  walking  out.  The  Speaker  joined  me  at  the 
door.  We  called  on  Mr.  Wynkoop,  who  is  confined,  &c.  We  got 
on  the  assumption  of  the  State  debts.  I  find  the  Speaker  rather 
wavers  of  late.  Wynkoop  seemed  all  Secretary.  I  embarked  as  I 
generally  do,  and  I  endeavored  to  speak  so  plain  that  I  scarce  think 
it  possible  I  could  be  misunderstood  •  and  I  could  not  help  thinking 
that  to  understand  and  obtain  consent  were  inseparable. 

Attended  at  the  Hall.  A  bill  was  committed,  a  message  received, 
and  Senate  adjourned.  Wrote  short  piece  against  the  assumption 
of  the  State  debts  ;  sent  a  copy  to  Bailey  for  publication. 

This  day  there  were  accounts  published  of  the  death  of  Dr.  Frank- 
lin, and  the  House  of  Representatives  voted  to  drape  their  arms  for  a 
month.  When  I  consider  how  much  the  Doctor  has  been  celebrated, 
and  when  I  compare  his  public  fame  with  his  private  character,  I 
am  tempted  to  doubt  whether  any  man  was  perfect.  Yet  perhaps  it 
is  for  the  good  of  society  that  patterns  of  perfection  should  be  held 
up  for  men  to  copy  after.  I  will,  therefore,  give  him  my  vote  of 
praise,  and  if  any  Senator  moves  crape  for  his  memory,  I  shall  have 
no  objection  to  it,  though  we  suffered  Gray  son  to  die  without  any 
attention  to  his  memory,  though  he  belonged  to  our  body,  and  per- 
haps had  some  claim  to  a  mark  of  sorrow. 

April  23.  A  bill  had  been  committed  yesterday  for  the  relief  of 
a  certain  description  of  officers.  I  believe  it  came  from  the  Secre- 
tary at  War.  It  was  absolutely  unintelligible,  and  it  really  struck 
me  it  was  meant  as  the  stock  to  engraft  some  mischief  on  with  re- 
spect to  the  commutation  pensions  and  half  pay  of  the  old  army, 
everything  relating  to  which  we  had  generally  considered  as  settled. 
I  spoke  freely  of  it  yesterday  and  this  day,  though  I  was  not  of  the 
committee.  The  committee,  however,  reported  against  the  whole 
of  it,  and  it  was  rejected. 

Carroll  rose  and  made  a  motion  that  the  Senate  should  wear  crape 
a  month  for  the  loss  of  Dr.  Franklin.  Before  he  was  seconded, 
Ellsworth  got  up  and  opposed  it — said  as  it  would  not  be  carried  in 
the  Senate,  he  trusted  it  would  not  be  seconded.  I  rose  and  sec- 
onded Carroll.  Izard  and  Butler  hated  Dr.  Franklin,  and  I  well 
knew  that  this  opposition  of  Ellsworth  aimed  at  their  gratification. 
Perhaps  my  supporting  Carroll  had  something  of  a  tincture  of  the 
same  kind.  King  and  Dr.  Johnson  joined  Ellsworth.  Ellsworth 
addressed  Carroll  and  told  him  (through  the  Chair)  that  he  might 
as  well  withdraw  his  motion,  as  it  would  be  lost.  This  was  really 
insulting.  But  as  the  matter,  strictly  speaking,  was  not  senatorial, 
or  such  as  belonged  to  us  in  our  capacity  as  a  public  body,  and  as 


200  SKETCHES  OF  DEBATES 

it  was  opposed,  Carroll  looked  at  me  and  I  nodded  assent,  and  it 
was  withdrawn. 

Monday,  26th  April.  Attended  at  the  Hall.  Mr.  Walker,  from 
Yirginia,  the  member  elected  in  the  room  of  Mr.  Grayson, took  his 
seat.  The  progress  bill,  which,  in  fact,  consisted  only  of  one  clause 
continuing  the  old  one  to  another  session,  had  a  second  reading. 
We  did  not  continue  in  our  seats  for  more  than  three  quarters  of 
an  hour  till  King  moved  an  adjournment.  Modesty  by  decrees 
begins  to  leave.  We  used  to  stay  in  the  Senate  Chamber  till  about 
two  o'clock,  whether  we  did  anything  or  not,  by  way  of  keeping  up 
the  appearance  of  business.  But  even  this  we  seem  to  be  got  over. 

Doctor  Elmer  asked  me  to  walk  with  him.  I  saw  cards  handed 
round  the  Senate,  but  this  happens  so  often  that  I  took  no  notice 
of  it.  When  we  were  in  the  street,  the  Doctor  asked  me  if  I  had 
not  a  card  to  dine  with  the  President.  I  told  him,  with  all  the  in- 
difference I  could  put  on,  no,  and  immediately  took  up  some  other 
subject,  which  I  entered  on  with  eagerness,  as  if  I  had  hardly 
noticed  his  question.  This  is  the  second  time  the  Doctor  has  asked 
me  the  same  question,  so  that  the  President's  neglect  of  me  can  be 
no  secret.  How  unworthy  of  a  great  character  is  such  littleness  ? 
He  is  not  aware,  however,  that  he  is  paying  me  a  compliment  that 
none  of  his  guests  can  claim.  He  places  me  above  the  influence  of 
a  dinner,  even  in  his  own  opinion.  Perhaps  he  means  it  as  a  pun- 
ishment for  my  opposition  to  court  measures.  Either  way,  I  care 
not  a  fig  for  it.  I  certainly  feel  a  pride  arising  from  a  conscious- 
ness that  the  greatest  man  in  the  world  has  not  credit  enough  with 
me  to  influence  my  conduct  in  the  least.  This  pride,  however,  or 
perhaps  I  should  call  it  self-approbation,  is  the  result  of  my  con- 
duct, and  by  no  means  the  motive  of  it.  This  I  am  clear  in. 

I  am  so  very  intent  on  getting  Congress  away  from  this  place , 
that  I  went  to  see  the  Philadelphians,  and  concert  what  further  was 
to  be  done.  I  wished  to  communicate  to  them  the  result  of  my 
inquiries  and  receive  their  stock  of  information  on  the  subject  of 
removal.  I  had  some  time  ago  determined  never  to  call  on  them 
any  more,  but  my  anxiety  on  this  point  made  me  break  through 
this  rule.  But  the  result  has  made  me  reenact  my  former  resolu- 
tion. I  think  it  is  best  to  respect  myself.  Let  this  resolution  be 
as  a  ring  on  my  finger,  or  the  shirt  on  my  back — let  me  never  be 
without  it. 

This  day  Mr.  Clymer  made  his  famous  speech  for  throwing  away 
the  western  world.  A  noble  sacrifice,  truly,  to  gratify  the  public 
creditors  of  Philadelphia.  Reject  territory  the  extent  of  an  em- 
pire, so  that  it  may  be  out  of  the  power  of  Congress  to  oblige  the 


IN  THE  FIRST  SEN- ATE  <>F  THE  UNITED  STATES.      201 

public  creditors  to  take  any  part  of  it.  This  added  to  the  confis- 
cation of  the  17/6  in  every  pound  of  the  alienated  certificates, 
which  virtually  belonged  to  the  person  who  performed  the  original 
service,  and  bestowing  it  on  base  speculation,  completes  the  coun- 
terpart of  villiany  to  the  meritorious  soldier,  on  the  one  hand,  and 
the  defrauded  and  betrayed  country  on  the  other,  whose  resources 
are  rejected  that  the  debt  may  become  irredeemable  and  permanent. 

27th  April.  This  a  day  of  no  business  in  Senate.  Before  the 
House  formed,  Mr.  Adams,  our  President,  came  to  where  I  was  sit- 
ting, and  told  how  many  late  pamphlets  he  had  received  from  Eng- 
land. How  the  subject  of  the  French  revolution  agitated  the  Eng- 
lish politics.  That,  for  his  part,  he  despised  them  all,  but  the  pro- 
duction of  Mr.  Burke,  and  this  same  Mr.  Burke  despised  the  French 
revolution.  In  the  evening,  I  called  at  the  post  office  on  a  business 
of  the  Zantzingers.  Langdon,  who  lodges  nearly  opposite,  called 
to  me  from  a  window.  I  went  over,  and  had  a  long  discourse  with 
him  on  the  subject  of  removing  Congress.  He  wants  to  make  the 
assumption  of  the  State  debts  the  condition  of  it.  I  was  guarded 
as  to  #ny  concessions  on  this  subject.  He  avowed  in  the  most  un- 
equivocal manner  that  consolidation  of  the  different  governments 
was  his  object  in  the  matter.  That,  perhaps,  it  was  against  the  in- 
terest of  his  State  in  particular,  &c. 

No  business  was  done  in  Senate,  but  consenting  to  some  nomina- 
tions sent  down  yesterday,  and  the  Senators  from  Yirginia  laid  a 
resolution  on  the  table  for  opening  the  doors  of  the  Senate  on  the 
discussion  of  legislative  subjects. 

April  30,  1790.  A  flood  of  business  came  up  to-day  from  the 
Representatives,  but  none  of  it  was  acted  upon,  save  the  first  read- 
ing of  bills  and  appointing  a  committee  to  confer  with  them  on  some 
point  of  order  or  etiquette.  Mr.  Morris  spoke  to  me  as  to  repealing  the 
law,  or  that  part  of  the  judiciary  about  holding  a  district  and  circuit 
court  at  Yorktown.  I  gave  it  as  my  opinion  that  it  was  best  to  let 
the  other  House  do  it,  as  they  had  introduced  Yorktown;  and  I  find 
Boudinot  has  this  day  carried  in  a  bill  for  this  purpose.  I  hate  the 
whole  of  the  judiciary,  and,  indeed,  made  no  place  at  first  but  Phil- 
adelpnia  for  holding  the  courts.  I  shall  not,  therefore,  give  them 
my  opposition.  If  a  place  is  hereafter  appointed  for  holding  any 
circuit  court,  it  perhaps  should  be  Harrisburg.  Senate  adjourned 
over  to  Monday. 

May  1,  1790,  This  is  a  day  of  general  moving  in  New  York, 
being  the  day  on  which  their  leases  chiefly  expire.  It  was  a  fine 

day,  and  I  could  not  forbear  the  impulse  of  walking  out 

Fell  in  with  Walker  and  Parker,  of  Yirginia.     The}'  were  coming 


202  SKETCHES  OF  DEBATES 

to  visit  our  house.  They  pressed  us  so  hard  for  dinner  that  we 
consented.  .  I  had  not  walked  enough,  and  went  to  see  Mr. 

Wynkoop.  We  got  again  on  the  subject  of  the  State  debt.  I  never 
saw  a  man  take  so  much  pains  not  to  see  a  subject.  It  is,  however, 
now  disposed  of,  at  least  for  this  session. 

I  have  a  letter  from  Dr.  Rush.  He  praises  the  piece  I  sent  him. 
Calls  it  sensible ;  owns  himself  convinced.  His  words :  "  /  have 
erred,  through  ignorance,  on  this  subject  " — speaking  of  the  State 
debts. 

With  less  prudence  than  integrity,  I  attacked  the  Secretary's  re- 
port the  moment  it  appeared.  When  that  leading  feature  in  it,  the 
assumption  of  the  State  debts,  was  carried  by  a  majority  of  five  in 
the  Committee  of  the  Whole  Representatives,  I  redoubled  my  efforts 
against  it ;  and  I  really  believe  that  by  my  endeavors  it  was  finally 
rejected.  I  am  fully  sensible  that  I  staked  every  particle  of  credit 
I  had  in  the  world  on  this  business,  and  have  been  successful.  But 
let  me  lay  my  account,  never  to  be  thought  of  for  it.  Be  it  so.  I 
have  made  enemies  of  all  the  Secretaries,  and  perhaps  of  the  Presi- 
dent of  the  United  States. 

Williamson  coming  in,  and  one  of  his  colleagues,  had  a  consid- 
erable effect.  When  the  whole  of  the  North  Carolina  delegation 
appeared,  it  settled  the  business.  The  assumption  would  have 
completed  the  pretext  for  seizing  every  resource  of  government, 
and  subject  of  taxation  in  the  Union ;  so  that  even  the  civil  list  of 
the  respective  governments  would  have  depended  on  the  Federal 
treasury. 

Mount  Vernon. 

No  Yirginian  can  talk  on  any  subject,  but  the  perfections  of  Gen- 
eral Washington  interweaves  itself  into  every  conversation.  Walker 
had  called  at  his  farm  as  he  came  through  Yirginia.  It  consists  of 
three  divisions.  The  whole  contains  some  ten  or  fifteen  thousand 
acres.  It  is  under  different  overseers,  who  may  be  styled  generals, 
under  whom  are  grades  of  subordinate  appointments  descending 
down  through  whites,  mulattoes,  negroes,  horses,  cows,  sheep,  hogs, 
&c. ;  it  was  hinted  at,  all  were  named.  The  crops  to  be  put  into  the 
different  fields,  &c.,  and  the  hands,  horn  cattle,  &c.,  to  be  used  in 
tillage,  pasturings,  &c.,  are  arranged  in  a  roster  calculated  for  ten 
years.  The  Friday  of  every  week  is  appointed  for  the  overseers,  or 
we  will  say,  the  brigadier  generals,  to  make  up  their  returns.  Not 
a  day's  work  but  is  noted — what  and  by  whom  and  where  done. 
Deaths,  &c.,  whether  accidental  or  by  the  hands  of  the  butcher,  all 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      203 

minuted.  Thus  the  etiquette  and  arrangement  of  an  army  is  pre- 
served on  his  farm.  When  once  the  human  mind  is  penetrated  by 
any  system,  no  matter  what,  it  never  can  disengage  itself.  Quere, 
did  not  the  Roman  poet  understand  nature  to  perfection,  who 
makes  his  heroes  marshal  their  armies  of  ghosts  in  the  Elysian 
Fields  ;  and  spirits  imitate  in  shadows  the  copies  of  their  former  oc- 
cupations. 

Monday,  3d  May.  There  really  was  a  considerable  deal  of  busi- 
ness done  this  day  in  Senate,  and  would  have  been  much  more  had 
it  not  been  for  an  appeal  that  was  made  to  the  Chair  for  informa- 
tion respecting  the  salary  necessary  for  an  ambassador.  Full  one 
half  of  our  time  was  taken  up  in  two  speeches  on  the  subject  of 
etiquette,  and  expense  attending  and  necessary  to  constitute  the 
very  essence  of  an  ambassador.  The  lowest  farthing  should  be 
£3,000  sterling  per  annum,  besides  a  year's  salary  at  setting  out. 
A  commitment  of  the  bill  was  called  for,  and  I  was,  contrary  to 
my  expectation,  put  on  it. 

For  some  time  past,  the  Philadelphians  had  been  proposing  a 
weekly  dinner.  Our  former  meetings  sunk  into  disuse,  but  they  now 
are  very  urgent,  and  this  day  we  began  the  business.  Judge  Wil- 
son, being  a  Pennsylvanian,  was,  of  course,  invited.  We  soon  re- 
laxed into  conviviality,  and,  indeed,  something  more.  We  expected 
something  political  would  be  proposed  by  Fitzsimmons,  and  out  it 
came.  Gentlemen,  it  is  expected  of  us  that  we  should  fix  the 
Governor  of  Pennsylvania.  I  introduced  some  trivial  remarks 
of  the  weather,  &c.,  and  the  thing  was  checked  for  a  time.  Scott, 
General  Hiester,  and  General  Muhlenburg  went  away.  It  was  now 
broached  seriously  by  Fitzsimmons.  Morris  made  a  public  declara- 
tion that  he  was  fully  sensible  of  the  honor  done  him  in  the  present 
appointment ;  but,  if  the  chair  of  Governor  fell  on  him,  he  would 
discharge  it  with  impartiality,  &c.  Mr.  Morris,  by  way  of  finishing 
the  business,  addressing  himself  to  the  Speaker,  may  you  or  I  be 
Governor. 

We  got  on  the  subject  of  the  finances  of  Pennsylvania.  Fitzsim- 
mons asserted  that  our  State  had  drawn  between  two  and  three 
millions  of  dollars  from  the  continental  treasury,  and  that  we  had 
not  more  than  four  millions  substantiated  against  the  Union.  I 
hinted  to  him  that  from  anything  I  had  seen,  we  had  not  drawn 
more  than  about  a  million  from  the  Continental  treasury.  That 
Nicholson  had  rendered  accounts  to  the  amount  often  millions,  and 
had  stated  an  unliquidated  charge  at  five  millions.  But,  I  added, 
let  the  account  be  settled  fairl}-,  and,  if  we  really  are  in  debt,  let  us 
pay  it.  We  sat  too  long,  and  drank  too  much  ;  but  we  seemed  happy j 
and  parted  in  great  good  humor. 


204  SKETCHES  OF  DEBATES 

Tuesday,  4th  May.  I  felt  in  some  degree  the  effects  of  the  bad 
wine  we  had  drank,  for  I  had  a  headache.  Dressed,  however,  for 
the  levee.  I  had  a  card  yesterda}'  to  dine  with  the  President  on 
Thursday.  The  pet,  if  he  had  any  on  him,  has  gone  off. 

A  great  deal  of  business  was  done  this  day  in  the  Senate  in  the 
way  of  passing  and  reading  bills,  but  no  debate  of  any  consequence. 
Went  to  the  levee,  made  my  bows,  walked  about,  turned  about,  and 
came  out. 

Wednesday,  5th  May.  A  considerable  deal  of  business  was  done 
in  Senate,  but  no  debate  was  entered  on.  The  Rhode  Island  com- 
mittee reported.  The  amount  of  it  was  to  put  that  State  in  a  kind 
of  commercial  Coventry — to  prevent  all  intercourse  with  them  in 
the  way  of  trade.  I  think  the  whole  business  premature.  We  ad- 
journed early.  The  Secretaries  have  had  a  clear  majority  in  the 
House  of  Representatives  on  every  question,  save  the  adoption  of 
the  State  debts.  They  carried  this  at  first,  but  some  publications 
reminded  gentlemen  that  there  was  an  election  approaching. 

May  6.  Little  was  done  this  day  in  Senate.  Two  bills  came  up 
agreed  to  from  the  House  of  Representatives.  The  Rhode  Island 
committee  requested  that  they  might  have  back  their  report  to 
amend  it.  This  was  complied  with. 

An  adjournment  was  called,  and  I  joined  the  committee  on  the 
bill  for  the  salaries  of  ministers  plenipotentiary,  charge  d'affaires, 
&c.  I  bore  my  most  pointed  testimony  against  all  this  kind  of 
gentry.  Declared  I  wished  no  political  connection  whatever  with 
any  other  country  whatever.  Our  commercial  intercourse  could  be 
well  regulated  by  consuls,  who  would  cost  us  nothing.  All  my  dis- 
course availed  nothing.  The  whole  committee  agreed  with  me  that 
they  were  unnecessary.  Why  then  appoint  any  or  make  provision 
for  the  appointment  of  any,  for  so  sure  as  we  make  a  nest  for  one, 
the  President  will  be  plagued  till  he  fills  it.  We  agreed  to  the  bill 
as  it  stood,  but  I  proposed  twice  to  strike  out  all  about  ministers 
plenipotentiary. 

Went  to  dine  with  the  President,  agreeable  to  invitation.  He 
seemed  more  in  good  humor  than  ever  I  saw  him,  though  he  was  so 
deaf  that  I  believe  he  heard  little  of  the  conversation.  We  had 
ladies :  Mrs.  Smith,  Mrs.  Page,  and  Mrs.  White.  Their  husbands 
all  with  them. 

Friday,  May  7.  The  ailment  called  the  influenza  rages  to  a  great 
degree  all  over  the  city. 

On  my  return  into  the  Senate  Chamber,  one  member  of  it  only 
remained,  sitting  in  a  state  of  ennui.  I  have  remarked  him  for 
some  weeks  past,  and  he  really  affords  a  striking  proof  of  the  incon- 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      205 

veniency  of  being  a  fashionable.  He  set  up  a  coach  about  a  month 
ago,  and,  of  course,  must  have  it  come  for  him  to  the  Hall.  But 
behold  how  he  gets  hobbled :  The  stated  hour  for  Senate  to  break 
up  is  three,  but  it  often  happens  that  Senate  adjourns  a  little  after 
twelve,  and  here  a  healthy  man  must  sit  two  or  three  hours  for  his 
coach  to  take  him  three  or  four  hundred  yards.  This  is  highly  em- 
barrassing, and  some  excuse  must  be  found  for  his  staying  for  the 
carriage,  and  he  is  now  lame  and  stays  alone  till  the  carriage  comes 
for  him.  Thus  folly  often  fixes  her  friends. 

Tench  Coxe  came  this  day  to  town,  in  order  (as  is  said)  to  enter 
on  the  assistancy  of  the  Treasury.  He  is  deeply  affected  with  the 
literary  itch,  the  cacoethes  scribendi.  He  has  persevering  industry 
in  an  eminent  degree.  These  are  the  qualities  that  have  recom- 
mended him  to  this  appointment.  Hamilton  sees  that  the  campaign 
will  open  against  him  in  the  field  of  publication,  and  he  is  providing 
himself  with  gladiators  of  the  quill,  not  only  for  defense  but  attack. 

May  8.  The  Senate  was  engaged  in  business.  When  we  came 
in,  we  found  them  on  the  Rhode  Island  resolves.  The  committee 
had  been  called  on  to  give  reasons  on  which  they  founded  their  res- 
olutions. Ellsworth  spoke  with  great  deliberation  often  and  long, 
and  yet  I  was  not  convinced  by  him.  I  saw  I  must,  if  I  followed 
my  judgment,  vote  against  both  resolutions.  It  was,  therefore,  in- 
cumbent on  me  to  give  some  reasons  for  my  vote. 

I  observed  that  the  business  was  under  deliberation  in  Rhode  Isl- 
and. That  the  resolves  carried  on  the  face  of  them  a  punishment 
for  rejection  on  supposition  that  they  would  ruin  our  re  venue.  Let 
us  first  establish  the  fact  against  them  that  an  intercourse  with  them 
has  injured  our  revenue,  before  we  punish  them  with  a  prohibition 
of  all  intercourse.  This  resolution  I  considered  premature. 

The  other,  for  the  demand  of  $27,000,  I  considered  as  equally  so. 
Let  the  accounts  be  settled,  and  Rhode  Island  has  a  right  to  be 
charged  with,  and  has  a  right  to  pay,  her  proportion  of  the  price 
of  independence.  By  the  present  resolutions,  the  attack  comes  vis- 
ibly from  us.  She  is  furnished  with  an  apology,  and  will  stand  jus- 
tified to  all  the  world,  if  she  should  enter  into  any  foreign  engage- 
ments. 

The  Rhode  Island  resolutions  were  taken  up.  I  was  twice  up 
against  these  resolutions.  They  admitted,  on  all  hands,  that  Rhode 
Island  was  independent,  and  did  not  deny  that  the  measures  now 
taken  were  meant  to  force  her  into  an  adoption  of  the  constitution 
of  the  United  States ;  and  founded  their  arguments  in  our  strength 
and  her  weakness.  I  could  not  help  telling  them  plainly  that  this 
was  playing  the  tyrant  to  all  intents  and  purposes.  I  was  twice  up. 
Said  a  good  deal,  but  it  answered  no  purpose  whatever. 


206  SKETCHES  OF  DEBATES 

May  12.  This  day  exhibited  a  grotesque  scene  in  the  streets  of 
New  York.  Being  the  old  1st  of  May,  the  sons  of  Tammany  had 
a  grand  parade  through  the  town  in  Indian  dresses.  Delivered  a 
talk  at  one  of  the  meeting-houses,  and  went  away  to  a  dinner.  There 
seems  to  be  some  kind  of  scheme  laid  of  erecting  some  kind  of  or- 
der or  society  under  this  denomination,  but  it  does  not  seem  well 
digested  as  yet.  The  expense  of  the  dresses  must  have  been  con- 
siderable, and  the  money  laid  out  in  clothing  might  have  dressed  a 
number  of  their  ragged  beggars.  But  the  weather  is  now  warm. 

Fell  in  with  Fitzsimrnons.  He  talked  familiarly  witli  me.  I 
must  note  part  of  his  discourse.  Those  southern  people  have  a 
matter  much  at  heart,  and  it  is  in  my  power  to  oblige  them.  They 
fear  a  settlement.  They  cannot  bear  it.  They  have  been  negligent 
of  their  accounts,  and  the  eastern  people  have  kept  exact  accounts 
of  eve^thing.  (An  interruption.)  We  were  approaching  the  Hall, 
where  I  knew  we  would  part.  I  began.  They  will  want  you  to  sup- 
port them  on  the  discrimination  of  tonnage,  too,  against  the  New  Eng- 
land men  ;  but  as  they  are  the  people  who  keep  us  here  by  joining 
the  New  England  and  York  votes,  I  have  no  objection  to  see  them 
whipped  with  their  own  rod.  He  seemed  to  enjoy  this  thought,  and 
laughed  heartily ;  but  the  Hall  was  at  hand,  and  the  old  subject 
lost. 

May  1 4.  The  business  of  most  importance  agitated  this  day  was 
the  Rhode  Island  bill,  which  must  have  had  a  first  reading  yester- 
day when  I  was  out I  contented  myself  with  giving  my 

negative  to  every  particle  of  it.  I  knew  I  could  gain  no  proselytes, 
and  that  as  the  bill  could  not  be  justified  on  the  principles  of  free- 
dom, law,  the  Constitution,  or  any  other  mode  whatever,  argument 
could  only  end  in  anger.  Mr.  Morris  was  one  of  the  warmest  men 
for  it,  although  he  knows  well  that  the  only  views  of  the  Yorkers 
are  to  get  two  Senators  more  into  the  House,  on  whose  votes  they 
reckon  on  the  question  of  residence.  But  he  must  think  the  getting 
Rhode  Island  in  superior  to  all  other  considerations.  The  yeas  and 
nays  were  called,  and  now,  after  the  question  was  taken,  there  seemed 
a  disposition  for  argument,  and  some  very  remarkable  expressions 
were  used.  Izard  said,  "If  gentlemen  will  show  us  how  we  can 
accomplish  our  end  by  any  means  less  arbitrary  and  tyrannical,  I 
will  agree  to  them." 

When  we  came  on  the  clause  for  demanding  $25,000,  Mr.  Morris 
said,  "this  is  the  most  arbitrary  of  the  whole  of  it."  The  nays 
were  Butler,  Elmer,  Gunn,  Henry,  Mac  lay,  Walker,  Wyn  gate — seven. 
Yeas — Bassett,  Carroll,  Dalton,  Ellsworth,  Johnston,  Izard,  King, 
Langdon,  Morris,  Strong,  Schuyler,  Reed— twelve. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      207 

This  day,  to  my  great  joy,  a  statement  of  the  Pennsylvania  ac- 
counts came  forward — $10,642  43^  specie,  and  $47,010,138  Conti- 
nental money,  liquidated  and  charged  against  the  United  States  by 
our  Suite,  and  delivered  to  Mr.  White,  the  general  agent,  and  his 
receipt  taken  for  it  in  due  time.  Besides  an  unliquidated  claim  of 
five  millions  specie. 

I  understood  this  to  be  the  state  of  our  accounts  at  the  beginning 
of  the  session  ;  and  so  it  seemed  to  be  considered  by  all  of  us  ;  for 
Mr.  Morris,  Mr.  Clymer,  and  Fitzsimmons  used  to  harangue  on 
this  subject,  and  cry  up  that  so  large  an  annual  interest  would  be 
due  to  Pennsylvania  that  she  would  draw  money  enough  from  the 
Continent  to  pay  her  whole  civil  list,  make  her  roads,  build  her 
bridges,  open  her  canal.  I  know  that  Hamilton  thought  that  he 
could  make  the  State  governments  dependent  on  the  General  Gov- 
ernment for  every  shilling.  I  used  to  oppose  all  this  dream  of  folly, 
but  all  at  once  the  State  debts  must  be  assumed.  It  was  demon- 
strable that  this  measure  would  defeat  all  settlement. 

Now  the  very  gentlemen  who  had  promised  us  such  revenues 
from  the  Union  cried  out,  burn  the  books  ;  no  settlement ;  Penn- 
sylvania is  in  debt — she  has  drawn  from  the  Continent  between  two 
and  three  million  of  good  dollars,  and  has  not  substantiated  but 
between  four  and  five  millions  against  the  Union.  A  mutilated 
account  of  but  about  this  sum  was  actually  exhibited  and  handed 
about  by  Clymer  and  Fitzsimmons,  and  an  attack  begun  on  the 
Comptroller  about  the  same  time,  as  if  to  annihilate  his  reputation 
and  turn  him  out  of  all  employment,  as  if  it  had  been  foreseen  that 
he  was  the  only  one  who  could  detect  this  management,  or  obtain 
justice  for  the  State. 

15th,  Saturday.  Devoted  this  day,  although  I  was  sick,  to  the 
matter  of  removing  to  Philadelphia.  Mr.  Morris  entertained  me 
with  a  long  detail  of  the  difficulties  he  met  with  in  the  settlement  of 
his  accounts.  I  believe  the  clamors  against  him  make  the  officers 
inspect  everything  with  a  jealous  eye. 

Called  to  see  the  President.  Every  eye  full  of  tears.  His  life 
despaired  of.  Doctor  MacNight  told  me  he  would  trifle  neither 
with  his  own  character  or  the  public  expectation — his  danger  was. 
imminent ;  and  every  reason  to  expect  that  the  event  of  his  disorder 
would  be  unfortunate. 

May  18.  No  debate  of  any  consequence  arose  this  day  until  the 
Rhode  Island  bill,  which  had  been  recommitted,  was  reported.  Mr 
Lee  opposed -it  in  a  long  and  sensible  speech.  Butler,  in  a  loose  and 
desultory  manner.  King,  Ellsworth,  Strong,  Izard,  spouted  out 
for  it.  It  was  long  before  there  was  a  slack.  As  this  was  to  be 


208  SKETCHES  OF  DEBATES 

the  last  reading,  and  as  the  yeas  and  nays  would,  in  my  opinion,  be 
called,  I  took  what  I  thought  was  new  ground.  The  bill  had  been 
assigned  to  various  motives — self-defense,  self-preservation,  self-in- 
terest, &c.  I  began  by  observing  that  the  convention  in  Rhode 
Island  met  in  a  week  ;  that  the  design  of  this  bill  evidently  was  to 
impress  the  people  of  Rhode  Island  with  terror.  It  was  an  appli- 
cation to  their  fears,  hoping  to  obtain  from  them  an  adoption  of 
the  Constitution,  a  thing  despaired  of  from  their  free  will  or  their 
judgment.  It  was  meant  to  be  used  the  same  way  that  a  robber 
does  a  dagger  or  a  highwayman  a  pistol,  and  to  obtain  the  end  de- 
sired by  putting  the  party  in  fear.  That  where  independence  was 
the  property  of  both  sides,  no  end  whatever  could  justify  the  use 
of  such  means  in  the  aggressors.  I,  therefore,  was  against  the  bill, 
in  every  point  of  view,  &c.  The  debate  was  long.  I  was  up  a  sec- 
ond time,  but  to  no  avail.  The  question  was  put,  about  three  o'clock, 
and  carried.  The  yeas  and  nays  were  called,  and  stood  nearly  as 
before,  with  the  addition  of  Mr.  Lee  to  the  negative. 

1  labored  hard  to  arrange  our  affairs  for  bringing  on  our  question 
of  removing  to  Philadelphia,  and  cannot  help  remarking  that  the 
Philadelphians  seemed  the  slackest  of  any  people  concerned  in  the 
business.  I  appointed — warned,  or  I  know  not  well  what  to  call  it — 
a  meeting  of  the  delegation  at  Clymer  and  Fitzsimmons'  lodgings. 
Mr.  Morris  and  the  Speaker  were  all  that  met.  The  Philadelphians 
really  threw  cold  water  on  the  business.  Mr.  Morris  twice  pro- 
posed that  it  should  be  the  new  Congress  that  was  to  meet  in  March 
next  that  should  assemble  in  Philadelphia.  Once  he  got  on  the  sub- 
ject of  Trenton.  Here  he  and  I  rather  clipped.  I  proposed  that 
we  should  all  be  busy  in  the  morning  among  the  members.  I  en- 
gaged to  call  on  Gunn,  Langdon,  and  Bassett,  and  set  them  to  work 
on  others.  The  form  of  the  resolution  was  agreed  to,  but  it  all 
seemed  up  hill,  or  like  a  cold  drag,  with  the  Philadelphians.  I  hope 
one  day  to  be  independent  of  them,  but  this  is  a  matter  I  must  con- 
sult them  in  now. 

May  19.  I  run  this  morning  like  a  foot  boy  from  post  to  pillar. 
Now,  to  Gunn  ;  then,  Langdon,  Bassett,  &c.  Langdon  refused  to 
bring  forward  our  motion,  and  I  then  called  on  Bassett.  He  ex- 
cused himself.  With  much  ado,  I  got  them  to  keep  the  motion 
which  I  put  into  their  hand.  Neither  of  them  would  make  the  mo- 
tion. Mr.  Morris  did  not  come  near  the  Senate  Chamber  until  after 
twelve  o'clock.  I  called  him  out.  He  said  it  must  be  omitted  this 
day.  I  found  I  need  not  oppose  him,  and  we  came  into  the  Senate 
Chamber.  Langdon  soon  after  came,  and  told  us  that  Dalton  ob- 
jected to  going  to  Philadelphia  until  March  next,  and  that  we  must 


Ix  THE  FIRST  SKXATK  OF  TJIK  UNITED  STATES.      209 

alter  the  resolution.  Mr.  Morris  and  Dalton  went  together,  and 
Mr.  Morris  returned,  and  told  me  he  had  agreed  with  Dalton  that 
it  should  be  the  1st  of  March  next.  Thus  it  is  that  all  our  measures 
are  broken  in  upon,  and,  after  all  the  pains  I  have  taken,  this  busi- 
ness will  end  in  smoke. 

General  Hiester  and  Mr.  Buckley  called  on  us  this  evening.  We 
talked  over  the  affairs  of  the  day.  Mr.  Wynkoop  came  in,  and  a 
kind  of  agreement  was  made  that  the  Pennsylvanians  should  meet 
to-morrow  at  Clymer's. 

May  20.  I  could  not  attend  at  Clymer's  this  morning.  I,  how- 
ever, saw  the  Speaker  at  the  Hall.  Some  strange  maneuvers  have 
taken  place.  Jackson,  of  the  President's  family,  has  been  with  both 
Morris  and  Langdon.  Morris  is  set  right,  and  Dalton  will  agree 
with  us ;  but  new  mischief  has  happened.  Dr.  Elmer  has  crossed 
to  the  Jerseys  ;  Patterson  is  not  yet  come ;  Few  and  Gunn  are  both 
absent ;  so  that  two  States  are  this  day  unrepresented.  I  offered 
to  make  the  motion.  Mr.  Morris,  however,  now  makes  a  point  of 
doing  it ;  but  the  thinness  of  the  Senate  seems  a  good  reason  for 
putting  it  off  for  this  day.  I  cannot  account  for  Jackson  having 
meddled  in  this  business,  or  his  knowing  anything  of  it,  by  any 
other  means  than  through  Buckley.  However,  we  have  got  the 
errors  of  yesterday  corrected.  Mr.  Morris  was  called  out  and  came 
in  with  a  most  joyous  countenance.  "  I  was  called  out  by  Boudinot," 
said  lie,  "to  make  proposals  to  me  from  the  New  England  men,  in 
favor  of  Trenton"  I  immediately  told  him  you  cannot  possibly 
make  any  bargain  by  which  you  will  not  lose  as  much  as  you  can 
gain.  A  bargain  with  the  eastern  people  is  to  lose  Maryland,  Vir- 
ginia, and  all  southward.  A  southern  bargain  will,  on  the  contrary, 
lose  all  the  eastern  interest.  We  must  be  able  to  declare,  upon 
honor,  that  we  have  no  bargain. 

He  was  a  little  hurt,  and  said  "  leave  all  that  to  me."  No,  sir  ;  I 
will  make  no  bargain  ;  if  it  is  but  suspected  that  we  have  a  bargain, 
we  are  ruined. 

I  was  called  out,  and  took  that  opportunity  of  calling  out  Mr. 
Fitzsimmons,  and  told  him  of  Boudinot  being  in  treaty  with  Mr. 
Morris,  and  begged  him  to  counteract  everything  of  this  kind.  He 
promised  that  he  would. 

The  Senate  got  into  a  long  debate  on  the  resolves  relating  to  ar- 
rears of  pay  due  to  the  Virginia  and  North  Carolina  lines  of  the 
army,  in  1 782-3,  which  have  been  made  the  subject  of  an  abandoned 
speculation.  The  report  has  an  addition  of  Ellsworth's,  calculated 
as  much  as  possible  to  favor  the  speculation.  It  was  debated  to  three 
o'clock,  and  adjourned. 
14 


210  SKETCHES  OF  DEBATES 

May  21.  And  now  again  Elmer  is  absent,  and  Patterson  is  not 
returned,  and  Mr.  Morris  thinks  the  motion  had  not  best  be  made 
until  they  return ;  so  one  day  more  is  lost. 

I  spent  a  good  deal  of  time  on  the  affair  of  the  Baron  Steuben — 
got  the  report  agreed  to.  And  now  the  debate  of  the  day  came  on, 
respecting  the  resolutions,  (relative  to  the  troops  of  Virginia,  North 
and  South  Carolina,  who  were  entitled  to  arrears  of  pay,)  or  rather 
the  amendment  offered  to  the  last  one.  The  amendment  was  sup- 
ported by  King,  Ellsworth,  Dr.  Johnson,  Izard,  and  others.  Lee 
answered  them.  Towards  the  end  of  the  debate,  I  rose  and  ex- 
plained the  reasons  of  the  resolves — that  they  regarded  the  sums 
due — the  places  in  which  the  payments  were  to  be  made,  and  what 
kind  of  transfers  were  to  be  considered  as  valid.  All  this  was  di- 
rectory to  our  own  officer,  and  had  nothing  to  do  with  the  pro- 
ceedings of  courts.  Soldiers  had  entered  into  contracts,  the  resolves 
before  the  chair  neither  defaced  writings  nor  tore  the  seals  from 
obligations,  and  the  law  was  open.  The  directions  were,  moreover, 
in  conformity  to  the  laws  of  North  Carolina,  one  of  the  States  whose 
citizens  were  concerned.  That  the  present  amendment  was  a  mod- 
ification of  the  resolution  to  protect  the  interest  of  the  late  specu- 
lation. The  reason  offered  for  it  was,  that  probably  some  innocent 
person  might  suffer.  I  did  not  believe  this  was  possible.  I  would 
cheerfully  agree  that  it  was  better  ten  guilty  should  escape,  than 
one  innocent  suffer ;  but  no  innocent  man  was  privy  to  this  busi- 
ness. The  soldiers  knew  nothing  of  the  matter.  The  speculators 
know,  and  they  only  know,  in  whose  hands  the  lists  were  lodged, 
for  the  soldiers  having  received  their  final  settlements  since  the  ser- 
vice was  performed,  concluded  that  nothing  more  could  remain  due, 
&c.,  &c.  The  question  was  put  on  the  amendment,  and  lost — ten 
for,  twelve  against. 

The  question  was  now  put  on  the  third  resolution,  and  carried, 
thirteen  and  nine.  King,  however,  and  a  number  of  gentlemen, 
called  for  the  yeas  and  nays.  Yeas — Bassett,  Butler,  Carroll,  Few, 
Gunn,  Hawkins,  Johnston,  Henry,  Lee,  Maclay,  Reed,  Walker,  Wyn- 
gate.  Nays — Dalton,  Ellsworth,  Johnson,  Izard,  King,  Langdon, 
Morris,  Strong,  Schuyler. 

Now  a  new  whim  came  into  their  heads,  and  they  would  have  the 
yeas  and  nays  on  the  former  question.  They  were  told  it  was  out 
of  order.  However,  they  had  them,  and  now  Mr.  Butler  voted  for 
the  amendment,  least  he  should  lose  his  interest  at  the  Treasury, 
and,  of  course,  we  were  tied,  eleven  and  eleven.  But  for  once,  in 
my  opinion,  our  President  voted  right,  and  gave  it  against  the 
amendment. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      211 

22d  May.  In  the  evening  a  large  number  of  gentlemen  called  at 
our  house.  My  barber  had  disappointed  me  in  the  morning.  I 
was  rather  in  dishabille,  but  came  down  stairs.  Although  I  am 
not  in  the  least  given  to  dress,  yet  I  found  that  I  was,  on  this  occa- 
sion, below  par  ;  and  to  know  that  any  point  about  one  is  deranged, 
or  improperly  adjusted,  imparts  an  awkward  air  to  one.  It  is  on 
this  account,  more  than  any  other,  that  a  propriety  of  dress  should 
be  attended  to.  To  suspect  that  your  company  believe  anything 
wrong  about  you,  distresses  a  modest  man.  Of  the  company  was 
Mr.  Fitzsimmons.  He  took  me  by  the  hand,  and  said,  to-morrow  at 
nine  I  wish  to  meet  with  you  and  the  Speaker. 

May  23.  It  was  near  ten  when  I  was  called  down,  on  the  coming 
of  Fitzsimmons.  He  had  been  some  time  with  the  Speaker.  We 
had  considerable  loose  talk  on  the  subject  of  the  removal  of  Con- 
gress. But  Fitzsimmons,  after  some  time,  declared  that  was  not  the 
business  on  which  he  came.  It  was  to  settle  something  as  to  the 
government  of  Pennsylvania.  Who  should  be  run  for  the  chair  of 
it  at  the  next  election.  He  spoke  of  the  dignity  of  the  Speaker's 
present  place,  and  the  certainty  of  his  continuance  in  it.  It  was 
evident  that  he  wished  the  Speaker  to  decline.  The  Speaker  said, 
very  well ;  I  will  give  you  an  answer  to-morrow  morning. 

May  24.  I  dressed,  and  went  early  to  work.  Called  on  R.  H. 
Lee,  of  Virginia ;  on  Walker  ;  and  Doctor  Elmer.  After  Senate 
met,  I  reported  the  amendments  on  the  Baron  Steuben  bill.  It  was 
the  opinion  of  the  committee  that  he  should  have  an  annuity  of 
$1,000.  It  lay,  however,  over  for  to-morrow.  Some  business  came 
up  from  the  Representatives. 

And,  now,  Mr.  Morris  rose,  and  made  the  long  expected  motion  in 
the  following  words  :  Resolved,  That  Congress  shall  meet,  and  hold 
their  next  session,  in  the  city  of  Philadelphia. 

Langdon  seconded  the  motion.     A  dead  pause  ensued. 

Our  President  asked  if  we  were  ready  for  the  question.  General 
Schuyler  got  up,  and  hoped  not,  as  it  was  a  matter  of  great  import- 
ance to  move  the  seat  of  Government.  He  moved  a  postponement. 

Mr.  Morris  said :  If  the  gentleman  will  name  to-morrow,  he  had 
no  objection ;  and  to-morrow  was  accordingly  named  for  it.  The 
House  soon  after  adjourned,  and  now  Izard,  Butler,  Doctor  John- 
son, Schuyler,  and  King  flew  about.  The  people  they  mostly  at- 
tacked were  Governor  Johnston,  Hawkins,  and  Gunn.  I  soon  left 
them,  and  came  home. 

But  this  was  mess  day,  and  I  went  at  half  past  three,  and  found 
the  company  already  seated,  and  the  dinner  almost  eat  up.  I  could 
not  stay  long,  as  we  had  an  appointment  with  Jefferson,  the  Secre- 


SKETCHES  OF  DEBATES 

tary  of  State,  at  six  o'clock.  When  I  came  to  the  Hall,  Jefferson 
and  the  rest  of  the  committee  were  there. 

Jefferson  is  a  slender  man.  Has  rather  the  air  of  stiffness  in  his 
manner.  His  clothes  seem  too  small  for  him.  He  sits  in  a  loung- 
ing manner  on  one  hip  commonly,  and  with  one  of  his  shoulders 
elevated  much  above  the  other.  His  face  has  a  sunny  aspect.  His 
whole  figure  has  a  loose  shackling  air.  He  had  a  rambling  vacant 
look,  a"nd  nothing  of  that  firm  collected  deportment  which  I  ex- 
pected would  dignify  the  presence  of  a  secretary  or  minister.  I 
looked  for  gravity,  but  a  laxity  of  manner  seemed  shed  about  him. 
He  spoke  almost  without  ceasing.  But  even  his  discourse  partook 
of  his  personal  demeanor.  It  was  loose  and  rambling,  and  yet  he 
scattered  information  wherever  he  went,  and  some  even  brilliant 
sentiments  sparkled  from  him.  The  information  which  he  gave  us 
respecting  foreign  ministers,  &c.,  was  all  high  spiced.  He  has  been 
long  enough  abroad  to  catch  the  tone  of  European  folly.  He  gave 
us  a  sentiment  which  seemed  to  savor  rather  of  quaintness :  "  It  is 
better  to  take  the  highest  of  the  lowest  than  the  lowest  of  the  high- 
est." Translation  :  It  is  better  to  appoint  a  charge  d'affaires,  with 
a  handsome  salary,  than  a  minister  plenipotentiary,  with  a  small 
one.  He  took  his  leave,  and  the  committee  agreed  to  strike  out 
the  specific  sum  to  be  given  to  any  foreign  appointment,  leaving  it 
to  the  President  to  account,  and  appropriated  $30,000  generally  for 
the  purpose. 

25th  May.  This  day  again  I  was  engaged  in  the  main  business. 
Called  on  sundry  of  the  members.  The  Yorkers  are  now  busy  in 
the  scheme  of  bargaining  with  the  Yirginians,  offering  the  per- 
manent  seat  on  the  Potomac  for  the  temporary  one  in  New  York. 
Butler  is  the  chief  agent  in  the  business.  Walker,  a  weak  man, 
seemed  taken  off  by  it.  Patterson,  however,  is  not  yet  come. 

Baron  Steuben's  business  was  taken  up.  The  committee  were 
called  on  to  give  the  reasons  of  their  report.  As  I  was  chairman, 
I  had  to  take  the  lead.  I  knew  there  was  blame  ready  to  fall  on  us. 
I,  however,  did  not  decline  the  business,  but  laid  down  the  outlines 
in  as  strong  colors  as  I  thought  consistent  with  the  truth— flhat 
those  who  came  after  me  might  not  be  bashful,  and  thus  taking 
scope  enough  for  them  to  act  in.  I  thought  I  took  many  of  the 
Senate  with  me — some  I  know  it  was  impossible.  In  fine,  I  thought 
demonstration  was  on  our  side — that  the  Baron  could  demand  noth- 
ing. Izard  drew  conclusions  that  were  obviously  wrong,  indeed,  to 
his  own  party.  Ev^en  Butler  disowned  his  reasons  ;  but  he  was  for 
doing  the  same  thing  without  a  reason.  Ellsworth  got  up  and  spoke 
exceeding  well  for  more  than  an  hour.  He  was  severe  in  some  of 


Ix  THE  FIKST  SENATE  OF  THE  UNITED  STATES.      213 

his  strictures,  but  I  was  pleased  to  hear  him.  The  debates  lasted 
until  past  three  o'clock,  and  an  adjournment  took  place  without  any 
question.  One  object  of  the  delay  was  to  put  off  our  question  on 
the  residence. 

The  baron's  bill,  as  it  was  called,  was  taken  up.  The  cabals  of 
the  Secretary  were  successful,  and  the  baron's  bill  was  triumphant. 

But  after  this  was  done  Mr.  Morris  called  for  his  motion.  If  he 
really  intended  to  lose  it,  he  could  not  possibly  have  taken  a  more 
certain  method.  He  (Mr.  Morris)  rose,  laughing  heartily  every  time 
he  got  up.  King  laughed  at  him,  and  he  laughed  back  at  King,  and 
a  number  more  joined  in  the  laugh.  This  was  truly  ridiculous. 
Few,  Kin«;,  and  Butler  rose,  and  the  amount  of  all  they  said  was, 
that  a  removal  was  inconvenient — that  Philadelphia  was  not  central ; 
if  we  once  got  into  it  we  would  be  accommodated  in  such  manner 
that  we  never  could  leave  it,  &c. 

I  replied  that  a  removal  was  not  called  for  immediately  by  the 
resolution — that  the  next  session  of  Congress  was  to  meet  in  Phila- 
delphia— that  although  it  was  not  central,  it  was  more  so  than  the 
place  where  we  now  were.  The  universal  consent  of  the  Provinces 
before  we  were  States,  and  of  the  States  since,  was  in  favor  of  Phil- 
adelphia. This  was  verified  by  every  public  assembly  which  had 
been  called,  from  the  meeting  of  the  first  Congress  down  to  the  late 
meeting  of  the  Cincinnati.  The  arguments  drawn  from  the  con- 
veniences of  Philadelphia,  and  the  insinuations  that  if  we  were  once 
there  nobody  would  ever  think  of  going  away  from  it,  I  thought 
were  reasons  which  should  induce  us  to  embrace  this  place,  which 
would  come  so  completely  up  to  our  wishes.  I  begged  gentlemen, 
however,  to  be  easy  on  that  subject.  Philadelphia  was  a  place  they 
never  could  get  as  a  permanent  residence.  The  government  neither 
would  nor  could  part  with  it.  It  was  nearly  equal  to  one  third  of 
the  State  in  wealth  and  population.  It  was  the  only  port  belonging 
to  the  State.  It  was  excepted  by  the  government  in  her  offers  to 
the  Congress. 

In  such  a  place,  the  deliberations  of  Congress  on  the  subject  of 
the  permanent  residence,  could  be  carried  on  to  the  greatest  advan- 
tage, &c.,  <fec.  I  was  up  a  second  time,  but  to  no  purpose.  A  post- 
ponement was  moved  by  Butler,  and  seconded  by  Gunn.  For  the 
question  of  postponement,  Strong,  Dalton,  Johnson,  Ellsworth, 
King,  Schuyler,  Patterson,  Hawkins,  Johnston,  Butler,  Izard,  Few, 
Gunn — thirteen.  Our  side,  Langdon,  Wyngate,  Elmer,  Morris, 
Maclay,  Reed,  Bassett,  Carroll,  Henry,  Lee,  Walker — eleven. 


214  SKETCHES  OF  DEBATES 

27.  Mr.  Morris  went  off  yesterday,  in  company  with  King,  and  I 
really  thought  there  was  too  much  levity  in  his  conduct  all  through. 
I  really  suspected  that  he  did  not  treat  the  matter  with  sufficient 
seriousness.  This  day  he  showed  a  violent  disposition  of  anger ; 
he  would  go  anywhere  ;  but  insisted  on  withdrawing  the  motion.  I 
could  not  readily  agree  with  him  as  to  the  propriety  of  withdrawing 

the  motion .  .  Butler  rose,  and  said  he  gave 

notice  that  he  would  bring  in  a  bill  on  Monday  next,  to  establish  the 
permanent  residence.  Mr.  Morris  jumped  up  in  haste,  and  moved 
for  leave  to  withdraw  his  motion.  Langdon  agreed.  There  was 
some  demur,  but  the  question  was  carried. 

Now  the  baron's  bill,  as  we  have  called  it,  was  taken  up.  If  the 
fate  of  the  Union  had  depended  on  it,  it  could  not  have  been  more 
pertinaceously  adhered  to.  Ellsworth  persevered,  and  cut  King  in 
argument  more  severely  than  ever  I  heard  any  member  of  the  Sen- 
ate heretofore.  King  felt  it,  and  I  confess  I  enjoyed  it.  Butler,  by 
one  of  those  eccentric  motions  for  which  he  is  remarkable,  flew  his 
party,  and  voted  on  our  side.  .  .  .......  What  a  con- 

sternation !  I  observed  him  rising,  and  said  aloud  it  is  carried.  As 
the  arguments  were  nearly  the  same  on  every  question,  it  is  in  vain 
to  repeat  them. 

I  voted  uniformly  against  allowing  him  one  farthing,  as  I  was 
convinced  nothing  was  due  to  him. 

I  cannot  help  noting  Mr.  Adams'  speech.  In  extolling  the  baron, 
he  told  us  that  he  (the  baron)  had  imparted  to  us  the  arts  and  prin- 
ciples of  war,  learned  by  him  in  the  only  school  in  the  world,  where 
they  were  taught  by  the  great  King  of  Prussia,  who  had  copied 
them  from  the  ancient  Greek  and  Roman  lessons  ;  and  in  fine,  to 
these  arts  and  principles  we  owed  our  independence.  Childish  man 
to  tell  us  this,  when  many  of  our  sharpest  conflicts  and  most  bloody 
engagements  had  terminated  fortunately,  before  ever  we  heard  of 
the  baron. 

May  28.  This  day  we  had  expectations  that  the  House  of  Repre- 
sentatives would  have  brought  on  the  vote  for  adjournment  to  Phil- 


NOTE.— The  Baron  Steuben  arrived  in  this  country  in  December,  1777. 
The  battle  of  Trenton  was  fought  in  December,  1776,  and  that  at  Princeton  in 
January  following.  The  baron  joined  the  army  at  Valley  Forge,  in  February, 
1778.  He  took  part  in  the  battle  of  Monmouth,  in  1778,  and  also  took  part  in 
the  siege  of  Yorktown.  Congress  granted  him  an  annuity  of  $2,500  for  life  ; 
and  the  State  of  New  York  granted  him  sixteen  thousand  acres  of  land  near 
to  Utica,  portions  of  which  he  gave  to  his  aids,  and  the  balance  he  leased. — 
Appleton's  Cyclopedia — Steuben. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      215 

adelf>hia,  but  the  day  passed  without  anything  being  done.  No  de- 
bate of  any  consequence  in  Senate.  I  feel  exceedingly  indisposed. 

Last  night  Fitzsimmons  and  Clymer  called  on  me.  They  agreed 
to  call  on  Goodhue,  Gilman,  Huntingdon,  and  some  other  of  the 
New  England  men,  and  tell  them  calmly  that  the  Pennsylvanians 
would  not  stay  in  New  York.  That  if  they,  of  New  England,  would 
persist  in  voting  for  New  York,  the  Pennsylvanians  would  agree  to 
any  other  place  whatever,  and  from  here  they  would  go.  Fitzsim- 
mons and  Clymer  were  appointed  for  this  service.  I  readily  agreed 
to  join  Mr.  Morris  in  a  similar  service,  with  respect  to  the  Senate. 

Monday,  May  31,  1T90.  Went  early  out  to  call  on  sundry  mem- 
bers, and  try  to  prepare  them  for  the  grand  question.  Came  to  the 
Hall  at  the  usual  time.  The  bill  for  intercourse  with  foreign  na- 
tions came  up  from  the  Representatives,  with  an  insistance.  Both 
Houses  having  insisted,  it  remained  for  us  to  recede  or  call  for  a 
conference.  It  ended  in  a  conference.  A  considerable  debate,  how- 
ever, or  rather  delivery  of  sentiments,  took  place.  Ellsworth,  in  a 
slow,  languid  manner,  said  it  was  easy  to  see  that  the  Representa- 
tives had  in  view  some  old  regulations,  by  their  insisting  on  the 
$9,000.  That  formerly  the  business  had  been  done  by  some  gentle- 
men for  about  $6,000  per  annum. 

Mr.  Adams  jumped  up  ;  said  that  could  not  be ;  that  he  had  kept 
the  accounts  with  his  own  hand  at  Paris,  and  they  amounted  to 
about  three  thousand  guineas  yearly.  He  had  now  a  vast  deal  to 
say.  When  he  had  done,  Ellsworth  took  a  small  paper  out  of  his 
pocket ;  said  he  was  very  willing  to  show  the  documents  from 
which  he  had  spoken.  Here  was  an  abstract  of  the  accounts  of  the 
honorable  President  while  he  was  in  Paris,  and  all  the  particulars 
for  twenty  months,  amounting  to  $9,800,  which  was  not  more  than 
at  the  rate  of  $6,000  per  annum. 

Now  Butler  rose,  and  had  a  good  deal  to  say  on  the  merits  of 
the  permanent  residence,  and  concluded  with  asking  leave  to  bring 
in  a  bill  for  a  permanent  and  temporary  residence. 

Lee  made  a  long  speech.  I  felt  so  much  interested  that  I  could 
not  help  rising.  I  observed  that  fixing  the  permanent  residence  to 
a  future  period  would  work  110  relief  of  present  inconveniences ; 
that  the  complaints  were  felt  and  well-founded  as  to  the  place  in 
which  we  now  were ;  that  the  gentleman  had  given  notice,  some 
<l:iys  ago,  that  he  would  offer  a  bill  for  the  permanent  residence. 
He  now  added  the  temporary  residence,  &c.,  &c.  The  end  of  the 
matter  was,  that  he  delivered  in  his  bill.  (Mr.  Morris  was  absent 
at  tins  time.) 

June  1.  I  called  early  this  morning  on  Fitzsimmons  and  Clymer. 


216  SKETCHES  OF  DEBATES 

I  told  them-  that,  all  things  considered,  I  thought  it  best  in  me  to 
endeavor  to  postpone  Butler's  bill.  They  both  approved  of  it. 

I  went  to  the  Hall  to  observe  the  members  as  they  came  in. 
Langdon  was  there.  He  certainly  manifested  something  which  I 
thought  singular  in  his  manner.  If  I  had  not  such  strong  proofs 
of  him  heretofore,  I  would  have  suspected  him.  He  desired  me  to 
assure  the  two  members  of  Massachusetts  that  there  was  no  bar- 
gain with  Virginians.  I  told  him  I  would  do  anything  he  requested, 
and  I  did  so. 

The  Senate  met.  The  President  was  hasty  enough  to  take  up 
Butler's  bill.  Butler  absolutely  spoke  ,against  taking  it  up  at  all 
as  he  said  he  was  a  fraid  of  a  difference  arising  between  the  two 
Houses. 

The  word  agreed,  agreed,  was  heard  from  different  parts  of  the 
House.  I  really  felt  happy. 

A  message  was  read  from  the  President,  and  some  other  trifling 
business  done.  There  was  some  small  talk  and  communications 
which  I  did  not  mind.  But  all  at  once  the  President  began  to  read 
the  bill.  I  wished  much  for  somebody  else  to  begin  an  opposition, 
and  was  determined  to  throw  myself  along  with  them,  let  them 
mould  the  attack  as  they  would.  Mr.  Reed  spoke  against  proceed- 
ing on  the  bill,  but  made  no  motion.  Butler  got  up,  and  moved 
that  the  bill  should  be  committed.  Gunn  seconded.  Mr.  Carroll 
said  there  could  be  no  use  in  committing  it. 

I  said  the  honorable  gentleman  had  set  out  with  declaring  that 
he  wished  to  avoid  any  difference  with  the  other  House.  None  of 
us  could  affect  ignorance  of  what  had  passed  in  the  House  of  Rep- 
resentatives yesterday.  A  vote  had  passed  for  the  meeting  of  the 
next  session  at  Philadelphia.  That  we  might  every  moment  expect 
our  door  to  be  opened  for  the  receipt  of  such  a  communication. 
For  us,  therefore,  to  adopt  a  different  mode  of  treating  the  same 
subject  would  have  the^  appearance  of  courting  a  difference,  &c., 
&c. 

Butler  got  up  in  reply,  and  said  every  insulting  thing  in  his  power. 
I  had  concluded  that  I  thought  it  best  that  the  bill  should  lie  on 
the  table  until  the  resolution  came  up,  and  that  they  should  be  con- 
sidered at  the  same  time.  This  took  place,  after  a  good  deal  of  talk. 
It  was  remarkable  that  the  resolution  came  up  just  as  Butler  began 
to  rail  at  me.  The  Senate  adjourned  early,  and  soon  after  in  came 
Mr.  Morris  covered  with  sweat  and  dust. 

June  2.  I  went  early  this  morning  to  meet  our  delegation,  and 
to  inculcate  this  doctrine  on  our  representatives  :  That  in  all  cases 


IN  Tin:  FII;>T  SEN ATM  OF  THE  UNITED  STATES.       217 

we  should  be  prepared  for  the  worst,  and  that  we  should  now  think 
of  the  next  step  to  be  taken  in  case  of  the  worst  happening  in  our 
House.  That  a  conduct  of  this  kind  would  keep  the  matter  alive — 
keep  (the)  party  collected  and  in  spirits.  They  admitted  the  prin- 
ciple, but  seemed  at  a  loss  for  the  means.  I  hinted  the  propriety 
of  bringing  forward  a  resolution  naming  the  day  of  adjournment 
and  the  time  of  meeting.  Fitzsimmons  and  Morris  (all  that  were 
present)  seemed  to  carp  at  it.  However,  I  told  them  I  only  urge 
you  to  think  of  and  provide  your  next  step.  A  hint  was  dropped 
that  I  had  better  be  at  the  Hall.  I  readily  agreed,  and  went  there. 
I  could  see,  as  the  members  came  in,  that  we  had  nothing  to  expect 
from  North  Carolina,  South  Carolina,  Georgia,  nor  Massachusetts. 

The  Senate  met,  and  waited  and  waited  for  Mr.  Morris.  I  never 
wished  for  him  more  in  my  life.  I  saw  now  that  Butler's  bill  would 
be  committed,  and  I  wished  to  arrange  something  of  a  ticket  for 
the  committee.  Several  of  the  Senate  asked  why  I  did  not  send  for 
him.  I  went  out,  and  desired  the  doorkeeper  to  go  for  him.  Mather 
answered :  I  have  sent  for  him  long  ago.  It  was  past  twelve  before 
he  came,  and  now  we  went  at  the  business. 

I  could  remark  something  of  a  partiality  in  Adams  at  the  setting 
out.  The  first  question  for  commitment  of  Mr.  Butler's  bill.  It  was 
moved  to  postpone  this,  and  take  up  the  resolution  for  holding  the 
next  session  in  Philadelphia.  Senate  divided,  twelve  and  twelve. 
J.  Adams  gave  it  against  postponement.  Now  on  the  commit- 
ment, twelve  and  twelve.  J.  Adams  gave  it  for  it.  This  division 
was  by  States,  on  both  these  questions,  or  at  least  they  divided  so. 
We  had  New  Hampshire,  Jersey,  Pennsylvania,  Delaware,  Mary- 
land, Virginia.  The  others  against  us.  Now  it  was  that  I  regretted 
Mr.  Morris'  absence.  Had  he  been  here  in  time  I  could  have  set- 
tled with  him  who  should  have  been  the  committee.  Now  we  could 
communicate  only  with  our  friends  on  one  side  of  the  House.  The 
committee  rather  unfavorable — Butler,  Dalton,  Lee,  Johnston, 
Henry. 

Now  it  was  moved  to  refer  the  resolution  (from  the  House)  to 
the  same  committee.  The  Senate  divided  equally,  but  Dalton  was 
against  it  and  Patterson  for  it.  As  they  sat  next  each  other,  I  be- 
lieve this  was  settled  between  them,  and  shows  that  Patterson  is 
not  to  be  depended  on. 

June  3.  Attended  at  the  usual  time  at  the  Hall.  I  determined 
to  behave,  in  personal  deportment,  as  nearly  as  I  possibly  could  to 
my  former  habits,  and  I  believe  I  effected  it.  Of  this,  however,  I 
could  not  judge  as  well  as  perhaps  others.  Mr.  Morris  came  the 
last  of  any  of  the  members  this  day,  but  nothing  remarkably  so — 


218  SKETCHES  OF  DEBATES 

much  earlier  than  }^esterday.  I  got  into  chat  with  him,  and,  after 
some  time,  remarked  how  unfortunate  we  had  been  yesterday  in 
not  pre-arranging  a  ticket  for  the  committee.  I  said  his  absence 
had  been  unlucky,  but  could  not  now  be  helped.  He  said  his  ac- 
counts had  engaged  him  so  closely  he  could  not  come.  I  thought 
this  stranger  than  ever,  that  he  should  stay  away  on  no  other  ex- 
cuse than  his  daily  business.  Wyngate,  Elmer,  almost  the  whole 
Senate,  have  taken  notice  of  it.  How  can  I  avoid  observing  it,  for 
I  have  smarted  under  it. 

No  business  of  consequence  took  place  this  da}^.  The  nomina- 
tions for  the  officers  of  the  army  had  come  in  yesterday  and  were 
taken  up  this  day. 

I  had  made  some  objections  a  few  days  ago  to  giving  my  advice 
and  consent  to  the  appointment  of  men  of  whom  I  knew  nothing. 
Izard  now  got  on  the  same  subject,  and  bounced  a  good  deal.  How- 
ever, the  thing  was  got  over  by  the  members  rising  and  giving  an 
account  of  the  officers  appointed  from  the  different  States,  and  all 
were  agreed  to. 

The  funding  bill,  which  has  engaged  the  Representatives  almost 
the  whole  session,  came  up  yesterday — was  taken  up  this  day,  and 
Monday  assigned  for  it. 

June  4.  This  is  a  day  of  small  consequences  in  the  Senate.  .  . 
We  called  on  the  committee  to  report.  Butler  excused  himself,  and 
the  burden  of  the  excuse  was  that  Governor  Johnson,  one  of  the 
committee,  had  fallen  sick.  Mr.  Morris  moved,  and  was  seconded 
by  Lee,  to  add  another  member  in  his  room.  This  occasioned  con- 
siderable debate.  Reed,  however,  declared  against  us,  and  we  lost 
the  question.  Izard  manifested  the  most  illiberal  spirit — asserted, 
in  opposition  to  Lee,  things  that  even  his  own  party  were  ashamed 
of.  I  left  the  Senate  chamber  this  day,  completely  sickened  at  the 
uncandid  and  ungentlemanly  conduct  of  the  South  Carolina  men. 
Few,  of  Georgia,  said  some  improper  things ;  but  I  this  day  was  al- 
most altogether  an  hearer.  There  really  was  no  serious  debate.  It 
was  nothing  but  snip-snap  and  contradiction. 

June  5.  Called  on  sundry  people.  Went  and  sat  a  long  time 
with  Mr.  Morris  and  repeated  to  him  all  the  arguments  I  had  made 
use  of  on  Monday  and  Tuesday  last,  when  Jie  was  absent.  One  in 
particular  he  seemed  pleased  with,  drawn  from  the  difference  of 
mileage,  which  would  arise  to  the  treasury  of  about  $1,100  in  favor 
of  a  residence  in  Philadelphia.  I  desired  him  to  get  from  the  treas- 
ury an  account  of  the  expense  of  removing  Congress  from  Prince- 
ton to  New  York.  He  said  he  would  do  it.  There  seemed  really 
to  be  more  of  cordiality  in  this  tete-a-tete  which  I  had  with  him  than 
any  ever  I  had. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      219 

I  then  called  on  Mr.  Wynkoop.  I  chatted  a  good  while  with  him, 
and  had  again  occasion  to  observe  the  blind  obedience  which  he 
PMVS  to  the  opinions  of  his  Philadelphia  colleagues. 

June  6.  .  .  .  I  received  yesterday  a  letter  from  Geo.  Logan.  He  is 
greatly  displeased  about  the  grant  to  Baron  Steuben.  This  is  really 
a  worthy  man.  I  think  he  holds  the  first  place  in  point  of  integrity. 
He  has  invited  me  strongly  to  call  and  see  him.  I  believe  I  must 
do  so. 

This  old  man,  the  Baron,  it  seems,  talks  in  the  most  insulting 
manner  of  the  grant  which  has  been  made  to  him,  and  tells  that  he 
must  and  will  have  more  when  a  new  Congress  meets,  &c.  Being 
at  the  head  of  the  Cincinnati,  makes  him  assume  those  arrogant  airs 

The  funding  bill,  the  basis  on  which  speculation  has  built  all  her 
castles,  is  now  to  come  before  us  ;  and  woe  to  him  who  says  a  word 
in  favor  of  the  country.  Load  the  ass — make  the  beast  of  burden 
bear  to  the  utmost  of  his  abilities.  I  am  really  convinced  that  many 
a  man  has  gone  into  the  martial  field  and  acquitted  himself  with 
gallantry  and  honor,  with  less  courage  and  firmness  than  is  neces- 
sary to  attack  this  disposition  in  our  Senate. 

Monday,  7th  June.  The  funding  law  underwent  some  debate  this 
day.  We  adopted,  by  a  kind  of  common  consent,  a  mode  some- 
what different  from  former  practice  respecting  it.  Supposing  our- 
selves in  Committee  of  the  Whole,  a  paragraph  is  read,  and  the  mem- 
bers generally  express  their  sentiments  on  it.  After  every  one  has 
given  his  sentiments,  it  is  passed  by  postponement,  with  a  design 
to  commit  it  to  a  special  committee.  We  proceeded  about  half  way 
with  the  bill  in  this  way. 

The  committee  on  the  bill  for  the  permanent  residence,  and  the 
resolution  sent  up  from  the  Representatives,  were  called  on  to  re- 
port, and  Butler,  their  chairman,  did  so.  He  read  the  report,  which 
was  a  sleeveless  thing,  for  the  Potomac  to  be  the  permanent  resi- 
dence; but  alleged  the  ground  was  too  narrow  to  fix  the  temporary 
residence.  Many  desultory  things  were  said,  and  all  went  off  until 
to-morrow. 

This  was  Pennsylvania  mess  day.  .  .  .  We  agreed  to  send  for  all 
the  Senators  who  were  friends  of  moving  to  Philadelphia.  Eleven 
attended — Virginia,  Maryland,  Delaware,  Pennsylvania ;  Dr.  Elmer, 
from  New  Jersey,  and  New  Hampshire.  Much  desultory  discourse 
was  held.  Virginia  and  Maryland  manifested  a  predilection  for  the 
Potomac;  but  the  final  resolutions,  in  which  Virginia  led  the  way, 
were  as  follows :  That  as  the  business  of  a  permanent  residence  was 
brought  forward  by  our  enemies  evidently  with  a  design  of  dividing 
us,  we  would  uniformly  vote  against  every  plan  named  for  the  per- 
manent residence. 


220  SKETCHES  AND  DEBATES. 

The  Virginians  and  Mary  landers  declared  they  would  vote  against 
the  Potomac.  Mr.  Morris  declared  he  would  vote  against  G-er- 
mantown,  and  the  Falls  of  Delaware.  The  Susquehanna  was  not 
publicly  named,  but  of  course  implied  ;  for  Mr.  Morris,  in  enumer- 
ating the  places  to  be  voted  against,  named  Potomac,  Germantown, 
Falls  of  Trenton.  The  line  of  proceeding  for  to-morrow  was  agreed 
to.  Mr.  Lee  to  move,  and  Langdon  to  second,  the  postponement  of 
the  permanent  seat,  in  order  to  take  up  the  resolution  for  the  next 
session  being  held  in  Philadelphia.  If  all  was  lost,  let  it  go  down 
to  the  House  of  Representatives,  for  them  to  originate  new  meas- 
ures on  it. 

Tuesday,  June  8.  How  shall  I  describe  this  day  of  confusion  in 
the  Senate. 

Mr.  Lee  laid  on  the  table  a  report  of  some  additional  rules,  rela- 
tive to  the  intercourse  between  the  two  Houses.  After  this,  he 
moved  that  the  bill  for  the  permanent  residence  of  Congress  shall 
be  postponed,  to  take  up  the  resolution  of  the  representatives  for 
adjoining  to  Philadelphia. 

Now  it  was  that  Izard  flamed,  and  Butler  bounced,  and  both 
seemed  to  rage  with  madness.  Mr.  Lee's  motion  was  in  writing, 
and  they  moved  a  postponement  of  it.  The  division  was  eleven 
and  eleven,  and  the  President  gave  it  against  postponement.  Now 
all  was  hurry  and  confusion.  Izard  and  Butler  actually  went  and 
brought  Governor  Johnson,  with  his  night-cap  on,  out  of  bed,  and 
a  bed  with  him.  The  bed  was  deposited  in  the  committee-room. 
Johnson  was  brought  in  a  sedan.  Few  was  well  enough  to  come 
without  being  carried,  and  we  waited  half  an  hour.  The  vote  was 
taken.  We  had  our  eleven,  and  they  had  thirteen  against  the  reso- 
lution. I  thought  all  was  over  now ;  but  no  such  thing,  they  must 
carry  their  conquest  further. 

In  the  meanwhile,  a  mob  and  noise  was  about  the  Hall  as  if  it 
had  been  a  fish  market.  The  postponed  bill,  and  the  report  of  the 
committee  on  it,  was  called  for.  The  report  was  read.  The  first 
clause  of  the  report  was  a  resolution  that  the  permanent  residence 
should  be  now  fixed.  The  question  was  taken  on  it,  and  it  was  neg- 
atived. This  threw  them  all  in  the  dumps.  The  report  was,  how- 
ever, lost. 

But  now  they  would  have  the  bill.  They  accordingly  had  it,  for 
they  had  the  most  votes  ;  and,  although  the  Senate  had  decided  by 
a  most  unequivocal  vote  that  the  permanent  residence  should  not 
be  taken  into  consideration,  yet  they  moved  to  fill  the  blank  with 
the  Potomac.  This  was  lost — fifteen  and  nine. 

Much  desultory  discourse  was  now  engaged  in,  and  many  motions 


Tx  Tin-:  FIRST  SENATE  OF  THE  UNITED  STATES.      221 

were  made  of  postponement  of  the  bill.  Some  of  them  actually- 
carried,  and  yet  they  still  made  new  motions  for  the  blank  to  be 
filled.  Baltimore  was  named.  This  was  lost — seventeen  to  seven. 
Wilmington  was  named.  It  had  only  three  or  four.  A  motion  was 
made  to  adjourn.  The  first  was  lost.  A  motion  was  even  made  to 
pass  the  first  clause  of  the  bill  with  a  blank,  notwithstanding  the 
absurdit}^  of  it,  even  in  the  face  of  a  vote  that  this  was  an  improper 
time  to  fix  the  permanent  residence.  All,  in  fact,  was  confusion  and 
irregularity.  A  second  vote  of  adjournment  was  called  for,  and 
carried.  So  ended  the  uproar  of  the  day.  John  Adams  has  neither 
judgment,  firmness  of  mind,  nor  respectability  of  deportment,  to 
fill  the  chair  of  such  an  assembly.  Gunn  had  scolded  out  a  good 
deal  of  stuff — were  (we)  forever  to  be  plagued  with  a  removal,  &c. 
This  I  thought  deserved  some  answer. 

I  went  over  all  the  disadvantages  of  New  York  contrasted  with 
Philadelphia,  and  concluded  that  such  inconveniences  would  always 
produce  such  complaints  and  uneasiness,  and  could  not  be  removed 
but  by  taking  away  the  cause.  I  was  listened  to,  but  made  no  con- 
verts. I  was  a  good  while  up,  as  I  went  largely  into  the  business, 
but  I  took  the  same  ground  which  I  had  before  traveled  over,  the 
notes  of  which  I  sent  to  Doctor  Rush. 

Just  before  I  rose,  I  asked  Mr.  Morris  for  the  estimate  of  remov- 
ing Congress  from  Trenton,  which  he  had  promised  to  procure. 
Had  nothing  of  it.  I  really  communicated  this  matter  to  him  to 
enable  him  to  make  some  figure  in  the  debate,  and,  if  possible,  to 
bind  him  to  me  by  this  kind  of  confidential  communication.  But 
I  have  another  proof  that  all  advances  on  my  part  are  in  vain.  I 
walked  this  evening  with  Mr.  Wynkoop.  Fell  in  company  with  sev- 
eral of  the  representatives.  Exhorted  them  all,  as  much  as  I  pos- 
sibly could,  to  unanimity  and  firmness,  and  did  not  fail  to  recom- 
mend to  steady  perseverance  under  the  assurance  that  we  would  be 
successful. 

June  9.  Attended  the  Hall  at  the  usual  time.  The  Rhode  Isl- 
and bill  had  a  third  reading. 

And  now  the  funding  bill  was  taken  up.  We  had  passed  the 
clause  funding  the  old  continental  money,  and  left  a  blank,  on  Mon- 
day. I  then  called  it  the  resurrection  of  a  dead  demand  against 
the  public.  Mr.  Morris  seemed  in  sentiment  with  me.  King  spoke 
against  the  clause  altogether.  But  now  the  Secretary's  report  was 
the  text-book,  and  it  must  be  funded  at  forty  for  one.  I  called  the 
attention  of  the  Senate  to  the  characters  who  now  had  this  money. 
Many  meritorious  persons  received  it  as  gold  and  silver,  and  still 
kept  it  as  the  monuments  of  the  sacrifices  which  they  made  in  the 


222  SKETCHES  OF  DEBATES 

cause  of  America.  Would  seventy-five  for  one — forty  for  one,  or 
a  hundred  for  one — indemnify  such  characters  ?  Would  it  not  be 
a  mockery  of  their  demands  ?  A  time  might  come — a  manner  might 
be  thought  of — for  their  relief,  but  this  was  not,  perhaps,  the  time, 
nor  was  it  the  manner. 

The  other  class  of  individuals  who  were  possessed  of  it,  had  col- 
lected it  from  holes  and  corners  after  it  had  ceased  to  be  an  object 
of  speculation,  when  it  was  really  worth  nothing ;  and  who  neither 
gave  value  for  it,  nor  had  any  merit  in  the  act  of  collection.  For 
these  humble  speculators,  infinitely  too  much  was  done.  They  had 
no  claims  in  justice.  The  whole  of  the  Continental  money  was  sunk 
b}r  depreciation,  a  most  unequal  mode  of  taxation  truly,  but  an 
effectual  one.  He  that  touched  it,  was  taxed  by  it.  This  was  creat- 
ing a  claim.  A  defunct  demand  was  conjured  up  against  the  Union, 
as  if  they  feared  the  mass  of  debt  would  be  too  small,  though  I 
feared  they  would  find  it  much  larger  than  we  could  discharge,  &c., 
&c.  The  clause  was  passed,  and  we  went  to  the  fourth. 

Mr.  Morris  moved,  in  a  moment,  to  strike  out  the  two  first  alter- 
natives, and  blazed  away  for  six  per  cent,  on  the  nominal  amount 
of  all  public  securities.  Ellsworth  answered,  want  of  ability.  Mr 
Morris  made  nothing  of  the  whole  of  it.  The  broadside  of  America 
was  able  enough  for  it  all.  We  had  property  enough,  and  he  was 
for  a  land  tax ;  and  if  a  land  tax  were  laid,  there  would  be  money 
enough.  He  said  many  weak  things,  and  was  handled  closely  for 
them  by  Ellsworth.  The  debates,  loose,  indeed,  and  desultory,  con- 
tinued until  three  o'clock.  Adjourned. 

June  10.  Attended  at  nine  o'clock  at  the  Hall,  on  the  bill  for 
making  compensation  to  one  John  McCord.  It  was  a  painful  busi- 
ness. His  claims  do  not  seem  overly  well  founded  in  point  of  law, 
or  any  act  of  Congress.  He  is  seventy-nine  years  old,  and  appears 
to  have  suffered  deeply  in  the  American  cause.  We  spent  a  consid- 
erable time  on  his  business. 

The  funding  bill  was  under  consideration.  It  was  passed  over 
without  much  debate,  in  our  cursory  way. 

But  now  rose  Ellsworth,  and  in  a  long,  elaborate  discourse,  rec- 
ommended the  assumption  of  the  State  debts.  He  concluded  that 
he  would  read  his  motion,  which  he  said  had  the  approbation  of  the 
Secretary  of  the  Treasury.  It  was  verbatim  one  of  Gerry's  papers, 
which  had  been  moved,  and  laid  on  the  Speaker's  table  in  the  House 
of  Representatives  about  a  week  ago. 

We  had  speakers  enough  now.  Dr.  Johnson  was  somewhat  sin- 
gular in  his  operations.  He  denied  there  was  any  such  thing  as  a 
State  debt — they  were  all  equally  the  debts  of  the  United  States. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      223 

The  day  was  mostly  spent  in  this  business. 

I  rose,  and  took  the  field  which  I  had  several  times  labored  in 
with  my  pen.  The  old  acts  of  Congress  settle  and  assume  the 
balances,  &c.  A  short  publication  which  I  wrote,  and  which,  by 
one  means  or  other,  got  into  almost  all  the  newspapers,  was  the 
basis  of  it. 

The  Boston  men  and  King  talked  much  of  their  fears  of  the  con- 
sequence, &c.  I  objected  Hancock's  speech  to  one,  and  the  divided 
votes  of  their  Representatives  to  the  other. 

One  of  the  Massachusetts  men  now  produced  instructions  from 
their  government,  authorizing  their  voting  for  the  measure. 

I  alleged  that  if  one  State  instructed,  all  should  instruct,  and 
perhaps  this  should  be  considered  as  a  good  reason  of  postpone- 
ment until  all  had  instructed  on  the  subject,  &c.  The  consideration 
was  postponed  until  to-morrow. 

June  11.  Attended  the  Hall  on  Mr.  Me  Cord's  bill,  early.  Mr. 
Morris  joined  us.  Went  in  and  attended  the  funding  bill — the  clause 
for  the  assumption  of  the  State  debts. 

Mr.  Gerry's  amendment  was  negatived.  Nine  only  rose  for  it. 
The  bill  was  now  committed.  The  only  debate  of  any  consequence 
was  between  Ellsworth  and  myself.  He  set  forth,  in  a  curious  ar- 
gument, that  the  debts  contracted  near  the  seat  of  Congress  were 
made  Federal ;  that  those  at  a  distance  were  made  State  debts,  sup- 
posing that  the  authority  of  Congress  was  less  efficaceous. 

There  really  was  not  a  shadow  of  truth  in  this.  He  only  adapted 
his  argument  to  an  accidental  fact,  South  Carolina  and  Massachu- 
setts having  the  largest  State  debts. 

I  rose,  and  showed  that  there  really  was  nothing  at  all  in  this 
matter.  That  the  origin  of  some  of  the  State  debts  was  their  adopt- 
ing the  debts  due  to  individuals,  which  they  did  by  way  of  paying 
their  requisitions,  and  got  credit  for  them  accordingly.  This  was 
the  origin  of  the  large  State  debt  of  one  of  them  at. least. 

King  was  obliging  enough  to  get  up  and  tell  the  House  I  meant 
South  Carolina,  &c. 

This  brought  up  Butler  and  Izard  with  some  degree  of  warmth. 

It  was  a  good  while  before  I  could  get  saying  anything.  I,  how- 
ever, avowed  and  supported  all  I  had  said — that  the  fact  was  indu- 
bitably so — that  no  censure  was  implied  in  anything  I  had  said— 
that  South  Carolina  had  assumed  debts  due  to  her  citizens  to  the 
amount  of  $186,799,  and  had  credit  in  full  of  her  quota  of  the 
requisitions  of  10th  September,  1782.  On  that  account  Pennsylva- 
nia had  paid  at  the  same  time  $346,632,  and  Massachusetts  a  large 
sum  of  the  said  requisition.  That  Pennsylvania  might  have  brought 


224  SKETCHES  OF  DEBATES 

forward  her  State  debt,  and  had  credit  for  it  in  the  requisitions,  but 
she  did  not  do  so,  but  remained  burdened  with  both  her  State  debt 
and  requisitions,  and  had  done  much  towards  payment  of  both,  while 
South  Carolina  had  paid  nothing  to  either.  The  committee  were 
Mr.  Lee,  Ellsworth,  Maclay,  King,  and  Patterson.  Some  little  coun- 
cil business  was  done,  and  we  adjourned. 

Just  as  we  adjourned,  Butler  wished  Carroll  joy  of  a  vote  being 
carried  in  the  Representative  Chamber  for  the  temporary  residence 
to  be  in  Baltimore. 

There  was  some  kind  of  entertainment,  to  which  I  heard  Fitz- 
simmons,  a  few  days  ago,  inviting  the  Speaker.  I  thought  he  took 
him  to  the  door  to  do  it.  The  Speaker  asked  me  to  go  with  him. 
I  declined  it,  as  well  I  might.  After  the  Speaker  came  home,  I 
asked  him  what  he  had  heard  Mr.  Morris  say  of  the  Baltimore  vote. 
He  had  not  made  up  his  mind.  I  can  find  he  is  now  scheming,  and 
will  not  vote  for  Baltimore. 

I  have  had  a  spell  of  fishing,  of  which  I  was  the  subject,  to  know 
whether  I  would  not  oppose  the  Baltimore  vote.  I  saw,  clearly, 
the  person  was  set  on  to  do  it,  and  will  report  to  his  employers,  L. 
L.  I,  in  all  probability,  am  come  to  the  point  that  will  be  seized, 
to  turn  the  whole  city  of  Philadelphia  against  me,  but  I  trust  no 
taint  of  dishonor  will  ever  stain  my  conduct.  As  to  consequences, 
I  care  not. 

June  12.  A  day  of  storm  and  rain.  I  attended  at  the  Hall  at 
eleven,  on  the  funding  bill.  The  alternatives,  as  they  were  called, 
were  the  chief  subjects  of  discussion  until  near  three  o'clock 
Candor  sit  by  me,  while  I  describe  the  committee : 

R.  H.  Lee,  the  man  who  gave  independence  (in  one  sense)  to 
America.  A  man  of  a  clear  head  and  great  experience  in  public 
business ;  certainly  ambitious,  and  vain-glorious,  but  his  passions 
seek  gratification  in  serving  the  public. 

Ellsworth,  a  man  of  great  faculties,  and  eloquent  in  debate,  but 
he  has  taken  too  much  on  himself;  he  wishes  to  reconcile  the  Sec- 
retary's system  to  the  public  opinion  and  welfare  ;  but  it  is  too 
much — he  cannot  retain  the  confidence  of  the  people,  and  remain  in 
the  good  graces  of  the  Secretary.  He  may  lose  both. 

Patterson,  more  taciturn  and  lurking  in  his  manner,  and  yet  when 
he  speaks,  commits  himself  hastily.  A  summum  jus  man.  Both 
lawyers,  and  both  equally  retained  by  the  Secretary. 

And  now,  Billy,  what  say  you  of  yourself.  Not  over-burdened 
either  with  knowledge  or  experience,  but  disposed  to  make  the  best 
of  your  tools. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      225 

I  objected,  in  general,  to  the  bill ;  disliked  funding  at  all ;  was 
willing  to  pay  as  an  interim  three  per  cent.,  and  place  it  on  the 
footing  of  disability  to  do  more.  I  objected  to  funding  the  inter- 
est ;  proposed  to  establish  a  land  office,  to  sink  the  interest  now 
due,  and  that  indents  should  be  given  to  all  persons  entitled  to 
them,  receivable  in  that  office  ;  declared  that  even  prodigals  abhorred 
compound  interest ;  that  the  bill  went  on  this  principle,  though  not 
in  an  annual  ratio.  It  was,  however,  in  vain,  although  I  could  per- 
ceive that  I  made  an  impression. 

There  were  three  alternatives  in  the  Secretary's  report.  The 
last  was  by  much  the  most  favorable  to  the  public.  This,  however, 
really  meant  only  to  try  the  disposition  of  Congress,  and  Fitzsim- 
mons,  when  he  took  in  his  resolutions,  contrived  to  have  this  re- 
jected, and  one  substituted  vastly  more  favorable  to  the  subscri- 
bers. 

I  found  I  could  not  effect  anything  on  my  own  plan.  I  there- 
fore watched,  and  promoted  every  favorable  sentence  that  fell  from 
Lee  and  Ellsworth.  The  result  of  all  was,  that  we  struck  out  all 
the  alternatives,  and  voted  a  general  fund  of  four  per  cent. 

In  the  evening  came  Wynkoop,  hey-day,  all  wrong  to  go  to 
Baltimore,  &c.,  &c.,  full  charged  with  the  permanent  seat,  &c.,  &c. 
I  know  he  had  not  this  of  himself.  I,  however,  delivered  myself 
with  firmness  on  the  subject ;  recapitulated  the  conduct  of  the  York- 
ers, &c. ;  showed  him  (as  I  thought)  that  to  concur  with  the  Balti- 
more vote  was  politically  right.  He  found  he  could  make  no  im- 
pression. It  was  nearly  dark  as  he  went  away.  I  followed  to  the 
door.  He  took  the  way  of  Queen  street,  and  the  Speaker,  who  was 
with  me,  said  he  is  going  to  Fitzsimmons. 

Monday,  14.  I  left  home  early  and  called  on  the  assistant  of  the 
Treasury,  on  McOord's  affair.  He  would  not  let  me  tell  my  busi- 
ness, so  keen  was  he  on  the  subject  of  proposing  a  bargain  to  me. 
Pennsylvania  to  have  the  permanent  residence  on  the  Susquehanna, 
and  her  delegation  to  vote  for  the  assumption. 

I  constrained  my  indignation  at  this  proposal  with  much  diffi- 
culty within  the  bounds  of  decency,  and  the  more  so  as  I  knew  that 
however  it  might  be  with  him,  Hamilton,  the  principal  in  this  busi- 
ness, was  not  sincere.  I  gave  him  such  looks  and  answers  as  put 
an  end  to  this  business.  I  then  got  my  errand  settled.  Went  to 
Mr.  Jefferson's  office,  on  Mr.  Bailey's  affair.  Arranged  his  affair, 
and  went  down  Broad  street.  Here  I  met  Mr.  Lee.  Spoke  a  few 
words  with  him,  and  passed  on  to  the  lodgings  of  Mr.  Carroll.  My 
only  business  with  him  was  to  forewarn  him  that  an  objection  would 
15 


226  SKETCHES  OF  DEBATES 

be  made  to  Baltimore  that  there  were  no  public  buildings,  and  that 
he  should  be  prepared  on  this  subject. 

From  here  I  went  to  Mr.  Morris'  lodgings.  I  found  him  some- 
what engaged,  but  the  moment  he  disposed  of  a  small  matter  of 
business  he  dismissed  his  clerk — told  me  he  was  just  going  to  look 
for  me,  and  was  fortunate  in  my  coming  in.  Said  he  had  much  to 
say,  but  some  part  of  it  must  be  on  the  most  entire  confidence. 
That  on  Friday,  Jackson,  of  the  President's  family,  in  whom  he 
said  he  could  not  have  confidence,  had  been  at  Clymer  and  Fitz- 
simmons' lodgings ;  that  Coxe,  of  the  Treasury,  had  been  there ; 
that  their  business  was  to  negotiate  a  bargain — the  permanent  resi- 
dence in  Pennsylvania  for  her  votes  for  the  assumption,  or,  at  least, 
as  many  votes  as  would  do  the  needful.  The  burden  of  their  busi- 
ness seemed  to  be  to  open  the  conference  with  Mr.  Hamilton  on 
this  subject.  Mr.  Morris  continued  :  I  did  not  choose  to  trust 
them,  but  wrote  a  note  to  Colonel  Hamilton,  that  I  would  be  walk- 
ing early  in  the  morning  on  the  battery,  and  if  Colonel  Hamilton 
had  anything  to  propose  to  him  he  might  meet  him  there  as  if  by 
accident.  I  went  in  the  morning  there,  and  found  him  on  the  sod 
before  me.  Mr.  Hamilton  said  he  wanted  one  vote  in  the  Senate 
and  five  votes  in  the  House  of  Representatives.  That  he  was  will- 
ing and  would  agree  to  place  the  permanent  residence  of.  Congress 
at  Germantown  or  Falls  of  Delaware,  if  he  would  procure  him  these 
votes. 

Mr.  Morris  owned  that  he  complied  on  his  part  so  far  as  that  he 
agreed  to  consult  some  of  the  Pennsylvania  delegation,  (I  abruptly 
said,  you  need  not  consult  me,)  bat  proposed  that  the  temporary 
residence  of  Congress  in  Philadelphia  should  be  the  price.  They 
parted  upon  this,  but  were  to  communicate  on  the  subject  again. 

Mr.  Morris  and  Fitzsimmons  made  a  party  out  of  town,  and  took 
Mr.  Reed  with  them,  yesterday,  as  the  man  whose  vote  they  would 
engage.  (Let  me  here  recollect  the  application  made  to  me  on  Sat- 
urday night  by  Mr.  Wynkoop.  I  now  know  that  he  was  trying  me 
on  that  subject,  and  the  Speaker  was  not  much  out  when  he  said 
Wynkoop  was  gone  to  Fitzsimmons.  He  should  have  added,  and 
Morris'.) 

Mr.  Reed's  answer  was  what  Mr.  Morris  called  polite  :  Gentlemen, 
I  am  disposed  to  facilitate  your  wishes. 

But  now,  this  morning,  says  Mr.  Morris,  I  have  received  a  note 
from  Colonel  Hamilton  that  he  cannot  think  of  negotiating  about 
the  temporary  residence.  That  his  friends  will  not  hear  of  it.  Mr. 
Morris  added :  I  know  he  has  been  able  to  manage  the  destination 
of  the  Baltimore  vote  without  me,  but  1  cannot  yet  tell  how.  I 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      227 

sent  for  Mr.  Reed.  He  says  they  have  accounts  that  the  Senators 
from  Rhode  Island  are  appointed,  and  expected  every  moment. 
But  Mr.  Morris  added  :  I  think  he  has  some  other  assurances.  I 
now  parted  with  Mr.  Morris,  and  joined  the  committee  on  the  fund- 
ing bill. 

The  Senate  were  formed  some  time  before  we  joined  them,  and, 
after  some  of  the  routine  business  of  the  day  was  done,  and  the 
Baltimore  resolution  handed  in,  it  was  called  for.  Schuyler  moved 
it  should  be  postponed  a  fortnight.  Governor  Johnson,  of  North 
Carolina,  seconded  him. 

Ellsworth  got  up.  Said  this  matter  mixed  itself  with  all  our 
affairs.  There  was  a  secret  understanding — a  bargaining — that  run 
through  all  our  proceedings,  and,  therefore,  it  ought  to  be  post- 
poned. 

I  retorted  his  secret  understanding,  bargaining,  &c.,  on  himself. 
As  he  knew  there  were  such  things,  he  knew  where  they  arose,  and, 
if  they  mixed  with  and  polluted  our  proceedings,  it  was  time  to  put 
an  end  to  them,  which  could  only  be  done  by  deciding  the  matter, 
&c.  The  question  was  put,  and  it  was  the  old  eleven  and  thirteen. 

This  was  mess  day.  I  did  not  join  the  company  until  about  five 
o'clock,  and  stayed  until  after  eight.  But,  oh.  such  noise  and  non- 
sense. Fitzsimmons  railed  out  at  one  time  against  Pennsylvania 
interferences  about  the  assumption  of  the  State  debts.  Had  it  not 
been  for  these,  the  funding  system  would  have  been  completed  months 
ago.  He  had  received  letters  that  stones  would  be  thrown  at  him 
in  the  streets  of  Philadelphia  if  he  were  there,  &c. 

June  15.  We  finished  our  observations  on  the  funding  bill,  and 
reported.  The  whole  day  was  spent  in  debate  on  it.  I  have  so  often 
expressed  my  sentiments  respecting  the  subject  of  this  bill,  that  I 
need  not  set  any  of  them  down  here.  I  was  not  often  up.  I  took, 
at  one  time,  some  pains  to  explain  the  nature  of  and  indents, 

but  no  question  was  taken  on  any  point.  All  was  postponed. 

Doctor  Elmer  told  me,  as  I  left  the  hall,  that  he  had  something 
to  impart  to  me.  Mr.  Morris,  however,  called  me  aside,  and  told 
mo  that  he  had  a  communication  from  Mr.  Jefferson  of  a  disposition 
of  having  the  temporary  residence  fifteen  years  in  Philadelphia,  and 
the  permanent  residence  at  Georgetown,  on  the  Potomac,  and  that 
he,  Mr.  Morris,  had  called  a  meeting  of  the  delegation  at  six 
o'clock,  this  evening,  at  our  lodging,  on  the  business.  I  was  really 
unwell,  and  had  to  lie  down  the  most  of  the  afternoon.  The  dele- 
gation met  at  six.  I  was  called  out.  However,  when  I  came  in, 
what  passed  was  repeated  to  me.  Hamilton  proposed  to  give  the 
permanent  residence  to  Pennsylvania,  at  Germantown  or  the  Falls 


228  SKETCHES  OF  DEBATES 

of  Delaware,  on  condition  of  their  voting  for  the  assumption.  In 
fact,  it  was  the  confidential  story  of  yesterday  all  over  again.  Mr. 
Morris  also  repeated  Mr.  Jefferson's  story,  but  I  certainly  had  mis- 
understood Mr.  Morris  at  the  Hall,  for  Jefferson  vouched  for  noth- 
ing. 

I  have  seen  no  prospect  of  fixing  the  permanent  residence  of  Con- 
gress in  the  proper  place  at  the  present  session  ;  and  whenever  it  is 
gone  into,  will  be  involved  in  much  difficulty.  I  have,  therefore, 
declared  uniformly  against  everything  of  the  kind  ;  but  to  continue 
the  temporary  residence  here  under  the  promise  of  the  permanent 
residence  being  in  any  part  of  Pennsylvania,  I  considered  as  mad- 
ness. It  was  giving  them  time  to  fortify  and  entrench  themselves 
with  such  systematic  arrangements  that  we  never  should  get  away 
while  the  law  acted  as  a  tie  on  us,  and  bound  us  hand  and  foot,  but 
gave  them  all  the  power  and  all  the  opportunity  of  fixing  us  perma- 
nently in  this  place.  I  would  rather  be  under  no  obligation,  and 
keep  up  an  unremitted  effort  to  get  away,  which  I  had  no  doubt 
would  be  crowned  with  success. 

I  know  not  whether  what  I  said  was  the  reason  of  it,  but  these 
sentiments  seemed  to  be  adopted.  As  to  the  bargain  proposed  by 
Hamilton,  I  spoke  of  it  with  detestation.  Mr.  Morris  now  proposed 
that  a  paper  should  be  drawn  up,  with  reasons  of  our  conduct,  that 
they  might  not  be  able  to  brand  us  with  any  neglect  of  the  interests 
of  Pennsylvania ;  and  a  committee  for  this  purpose  was  appointed — 
Mr.  Morris,  Mr.  Fitzsimmons,  Mr.  Hartley. 

June  16.  I  called  early  this  morning  at  Col.  Hartley's  lodgings, 
in  order  to  give  him  a  sketch  of  what  I  thought  might  be  well  enough 
for  us  to  sign.  He  was  gone,  but  I  fell  in  with  him  at  the  Hall,  and 
delivered  it  to  him. 

I  sauntered  about  till  Congress  formed ;  and  now  we  got  at  the 
funding  bill.  Here  we  had  all  the  stuff  over  again  of  public  credit, 
&c.  The  great  question  was,  whether  the  report  of  the  committee 
for  four  per  cent,  should  be  adopted.  I  soon  committed  myself  in 
such  sort  that  I  must  expect  all  the  public  creditors  to  be  my  ene- 
mies. The  great  ground  that  I  took  was,  that  I  did  not  believe  we 
could  impose  any  direct  taxes  on  our  constituents  for  a  purpose 
which  they  knew,  as  well  as  I  did — that  the  holders  of  certificates  in 
Pennsylvania  had  them  funded  when  they  were  but  2/6  on  the  £ ; 
that  100  : 0  :  0  purchased  800  ;  that  they  had  drawn  interest  on  the 
nominal  amount  for  four  years=£192.  Justice  and  law  allowed 
them  but  124  ;  hence  they  had  £68  clear  already,  and  the  certificates 
into  the  bargain,  &c. 

I  was  up  a  long  time.     Mr.  Morris  rose  against  the  report.     His 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.       229 

choler  fairly  choked  him.  He  apologized  to  the  House  that  his 
agitation  had  deprived  him  of  his  recollection  on  the  subject,  and 
he  sat  down.  He  rose  again  some  little  time  before  the  Senate  ad- 
journed ;  mentioned  his  late  confusion,  but  declared  it  did  not  arise 
from  the  personal  interest  he  had  in  public  securities  ;  that  although 
he  was  possessed  of  some,  he  was  no  speculator,  &c.,  &c. 

We  spent  until  past  three  o'clock,  but  took  no  question ;  and,  in- 
deed, it  seemed  almost  agreed  that  we  would  not  proceed  without 
the  other  bill. 

June  17.  The  Senate  met,  and  until  near  two  o'clock  we  were  en- 
gaged on  the  subject  of  consuls  and  vice  consuls.  The  grand  question 
was,  whether  foreigners  were  eligible  to  those  offices.  It  was  admitted 
that  they  were,  and  a  number  accordingly  appointed.  When  I  came 
home  at  dinner,  the  Speaker  told  me  that  a  bill  was  proposed  in  the 
House  of  Representatives  for  giving  them  salaries.  Thus  it  is  that 
we  are  led  on,  little  by  little,  to  increase  the  civil  list — to  increase 
the  mass  of  public  debt,  and,  of  course,  the  taxes  of  the  public- 
This,  however,  is  all  of  a  piece  with  former  management  from  the 
offices. 

The  funding  bill  was  now  called  for.  Butler  repeated  the  same 
things  he  had  said  yesterday.  But  now  up  rose  Patterson,  with  a 
load  of  notes  before  him.  To  follow  him  would  be  to  write  a  pamph- 
let, for  he  was  up  near  an  hour. 

Near  the  beginning  he  put  a  question :  What  principle  shall  we 
adopt  to  settle  the  business.  If  we  follow  justice,  she  says  three 
per  cent.;  or  even  two  is  as  much  as  the  holders  of  certificates  can 
demand.  But  what  says  law — six  per  cent.,  and  he  was  a  summum 
jus  man  to  the  end  of  the  chapter.  It  was  near  three  when  he  had 
done. 

I  felt  an  impatience  to  attack  him,  and  up  I  got.  At  first  ex- 
ploded a  doctrine  which  he  had  stated,  of  Congress  being  a  party 
and  the  claimants  another.  I  stated  the  people  at  large  as  being 
the  debtors,  and  the  holders  the  creditors,  and  Congress  the  um- 
pire— the  legislator  between  them.  I  then  stated  his  two  principles 
of  justice  and  law — declared  myself  an  adherent  of  the  former. 
Law  was  the  rule  for  courts  and  magistrates,  in  the  execution  of 
their  offices.  But  justice  was  our  guide,  and  had  been  the  guide 
of  all  just  legislation,  from  the  Jewish  jubilee  to  the  present  day. 
That  even  in  law  it  was  a  maxim,  that  rigid  law  was  rigid  injustice 
— hence  the  necessity  of  courts  of  chancery,  expressly  for  mitiga- 
ting the  severity  of  unjust  contracts.  I  repeated  his  own  words,  of 
three  per  cent. — perhaps  two  per  cent.,  being  the  voice  of  justice. 
If  then  the  point  of  justice  stands  at  three  per  cent.,  or  if  at  two 


230  SKETCHES  OF  DEBATES 

per  cent.,  all  beyond  that  point  is  injustice,  and  injustice  to  whom? 
To  that  very  people  whose  interest  it  is  our  bounden  duty  to  sup- 
port and  protect.  I  reprobated  his  positions  even  with  acrimony, 
as  the  Shy  lock  doctrine  of  my  bond,  my  bond. 

June  18.  We  went  early  to  the  Hall,  as  I  was  on  two  committees 
this  morning — the  one,  the  case  of  one  Twining,  the  other,  McCord's. 
We  spent  a  considerable  space  of  time  on  Twining's  affair,  which 
to  me  did  not  seem  a  just  subject  of  legislation.  I  then  joined  the 
committee  on  McCord's  case. 

This  was  truly  one  in  which  compassion  mingled  herself  with  jus- 
tice. The  Generals,  Thomson,  Irvine,  and  others  had  received  effects 
from  him  in  Canada,  in  the  year  17*76.  They  gave  him  a  bill,  which 
was  never  paid.  The  Auditor  and  Comptroller  settled  the  sum 
due  on  this  bill,  $809  71.  He  had  suffered  greatly  in  Canada — had 
his  house  burned,  took  our  Continental  money  to  a  considerable 
amount  as  specie,  which  he  produced  to  us  to  the  amount  of  twelve 
or  thirteen  hundred  dollars ;  advanced  money  and  goods  to  many 
people  who  now  refuse  to  pay  him,  and  many  of  them  he  cannot 
find.  All  these  things  are  indubitable.  I  had  no  difficulty  in  allow- 
ing him  the  $809  71,  in  ready  money,  in  lieu  of  a  certificate,  but 
anything  more  I  seemed  to  feel  a  difficulty  in.  Lands  had  been  set 
apart  by  the  old  Congress,  to  make  compensation  for  Canadian  suf- 
ferers. We  reported  the  bill,  with  the  $809  71,  and  left  a  blank  for 
the  value  of  his  lands.  The  Senate  filled  the  blank  with  five  hundred 
dollars.  My  heart  would  not  let  me  rise  against  the  motion.  Though 
it  is  a  trifle  to  his  sufferings,  yet  how  many  hundreds  of  our  own 
people  suffer  equal  distress. 

Up  now  came  the  funding  bill.  Butler  railed  at  Ellsworth.  Ells- 
worth talked  back.  There  really  was  no  entertainment.  No  man 
ever  rambled,  or  talked  more  at  random,  than  Butler.  He  is  ever 
quoting  authors  on  trade,  finance,  &c.  Ever  repeating  what  he  has 
seen  in  Europe.  This  day  he  asserted  that  the  circulating  coin  of 
Great  Britain  was  three  hundred  millions.  Authors  (if  I  remember 
right)  place  it  about  sixteen.  There  really  was  nothing  new.  Some 
were  pressing  for  the  question,  but  it  was  postponed  generally. 

This  evening,  Mr.  Morris  and  Fitzsimmons  called  on  us.  Hamil- 
ton has  been  with  them  again.  Never  had  a  man  a  greater  propens- 
ity for  bargaining  than  Mr.  Morris.  Hamilton  knows  this,  and  is 
laboring  to  make  a  tool  of  him.  He  affects  to  tell  Mr.  Morris  that 
the  New  England  men  will  bargain  to  fix  the  permanent  seat  at  the 
Potomac  or  at  Baltimore.  Mr.  Fitzsimmons  counted  all  the  mem- 
bers who  it  was  likely  would  vote  for  such  a  measure,  and  the  con- 
clusion was  that  no  such  measure  could  be  carried  by  them. 


IN  THE  FIRST  S I:\ATK  OF  TIIK  UNITED  STATES.       231 

June  1 9.  We  then  walked  to  view  the  demolitions  of  Fort  George 
— the  leaden  coffins  and  remains  of  Lady  and  George  Bellamont, 
now  exposed  to  the  sun,  after  an  interment  of  about  ninety  years. 
They  and  many  more  had  been  deposited  in  vaults  in  a  chapel  which 
once  stood  in  the  fort.  The  chapel  was  burned  down  about  fifty 
years  ago,  and  never  re-built.  The  leveling  of  the  fort,  and  digging 
away  the  foundations,  have  uncovered  the  vaults. 

June  21.  Attended  at  the  Hall  early  on  the  bill  for  remitting  cer- 
tain penalties  to  one  N.  Twining. 

The  Senate  met.  I  observed  a  strangeness  of  disposition  in  the 
House  the  moment,  or  rather  a  few  moments,  after  the  minutes 
were  read.  Patterson  moved  to  adjourn.  Schuyler  seconded.  This 
was  lost.  It  was  now  moved  to  take  up  the  vote  of  the  House 
of  Representatives  for  fixing  the  time  of  adjournment.  This  was 
air  reed  to,  and  King,  Bassett,  and  Walker  appointed  on  our  part 
to  confer. 

Izard  now  rose,  said  there  was  something  to  put  on  the  minutes, 
and  renewed  the  motion  for  adjournment.  Seconded  by  Patterson. 
This  was  lost.  The  funding  bill  was  taken  up. 

We  had  a  great  deal  of  the  old  ground  gone  over  again.  King 
received  a  note.  Rose  and  moved  that  the  funding  bill  should  be 
postponed,  as  the  House  of  Representatives  had  negatived  the  bill 
for  the  ways  and  means.  He  was  seconded  by  Schuyler.  We  had 
now  a  long,  desultory  kind  of  debate,  whether  the  bill  should  be 
postponed.  It  was  not  postponed. 

Now  the  debates  on  the  merits  of  the  bill.  The  question  was 
whether  all  the  alternatives  should  be  struck  out,  and  a  fund  of 
four  per  cent  adopted.  Adopted — thirteen  for,  ten  against.  Now 
the  question  on  the  striking  out  of  the  indents.  Ellsworth  and  the 
New  England  men  knew  that  Pennsylvania  has  a  number  of  indents, 
and  the  invention  of  all  of  them  is  at  work  to  turn  it  to  her  disad- 
vantage. The  vote  was,  however,  carried  to  keep  in  the  indents, 
since  the  other  back  interest  was  to  be  funded.  I  bore  my  testi- 
mony, in  the  strongest  terms,  against  funding  any  interest,  and  pro- 
posed to  open  a  land  office,  as  a  sinking  fund  for  the  whole  of  the 
back  interest,  including  the  indents,  but  I  found  no  second.  The 
interest  of  the  whole  was  placed  on  one  footing,  almost  without  a 
division. 

Now  a  long  debate  ensued  about  the  Jersey  payments,  and  a  pro- 
viso which  had  been  inserted  to  favor  them.  No  other  question 
w:is,  however,  taken,  and  the  House  adjourned  a  quarter  after  three. 

Tins  was  mess  or  club  day.  I  went  and  stayed  till  the  fumiga- 
tion began,  alias  smoking  of  cigars,  a  thing  I  never  could  bear. 


232  SKETCHES  OF  DEBATES 

Ellsworth  made  a  long  speech,  amounting  to  this  :  that  since  a 
general  system  of  funding  could  not  be  obtained,  gentlemen  would 
be  against  all  funding  whatever. 

I  placed  his  speech  in  as  strong  colors  as  I  could.  That  since  a 
party  in  Congres.8  could  not  build  as  they  pleased,  they  would  turn 
and  pull  it  down.  There  was  a  majority  against  the  assumption 
of  the  State  debts,  and  the  minority,  indignant  at  being  controlledr 
since  they  could  not  rule,  would  join  the  discontented  part  of  Con- 
gress, and  stop  all  business.  Adams  affects  to  treat  me  with  all 
the  neglect  he  can,  while  I  am  speaking,  by  turning  his  head  a  differ- 
ent way,  looking  sideways,  &c.  But  I  care  not.  I  will  endeavor  to 
bear  it. 

June  22.  I  called  this  morning  on  General  Irwin,  who  is  one  of 
the  commissioners  for  settling  the  accounts  between  the  United 
States  and  the  individual  States,  for  the  amount  of  the  Jersey  claims 
for  interest  paid  by  that  State  on  the  Continental  certificates.  Found 
it  to  be  about  a  half  million. 

.Now  attended  the  committee  on  Twining's  case.  Mr.  Morris  called 
me  aside.  (I  had  yesterday  expressed  my  indignation  of  the  New 
England  attempt  upon  Pennsylvania,  in  excluding  or  trying  to  ex- 
clude those  indents,  which  would  pass  into  her  hands  in  consequence 
of  the  late  funding  law,  from  being  funded  ;  had  endeavored  to  pos- 
sess him  of  the  facts  to  obtain  his  assistance,  and,  indeed,  expressed, 
perhaps,  ungarded  solicitude  on  that  subject.) 

(He)  told  me  this  is  an  important  affair  respecting  the  indents  to 
Pennsylvania.  I  would  have  you  to  think  well  of  it.  The  New 
England  men  are  determined  to  carry  it  against  us.  The  assump- 
tion is  the  only  way  we  can  rid  ourselves  of  this  thing.  I  would 
have  you  think  of  it — think  of  it. 

I  had  to  say,  I  will  think  of  it.  I  felt  a  little  disturbed  ;  not,  if 
I  knew  my  own  mind,  with  regard  to  the  part  I  should  act,  but  to 
think  that  everything  should  be  set  to  sale,  and  that  even  just  meas- 
ures could  not  be  pursued  but  by  contract,  and  that  men  should  be 
hunted  into  measures.  I  have  often  thought  myself  deficient  in 
readiness  of  judgment,  or  quickness  of  determination.  Perhaps 
any  man  can  think  more  and  better  too,  at  twice  than  at  once.  I, 
however,  in  a  few  minutes,  took  my  seat  beside  Mr.  Morris.  Told 
him  that  I  considered  the  assumption  so  politically  wrong  and  pro- 
ductive of  so  much  injustice,  that  no  offer  could  be  made  which 
would  induce  me  to  change  my  mind.  I  had,  however,  means  of 
another  nature.  I  could  depend  nothing  on  the  promises  of  the 
New  England  men ;  but,  further,  I  had  calculated  that  the  State  of 
New  York  was  circumstanced  nearly  in  the  same  way  as  Pennsyl- 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.       233 

vania,  with  respect  to  indents ;  and  I  considered  this  as  the  sure 
pledge  that  we  should  not  be  pushed  to  extremities  on  that  ground. 

The  result  showed  that  I  was  right,  for  after  a  great  deal  of  de- 
bate in  the  House,  affairs  settled  nearly  as  I  would  have  them. 

The  bill  for  establishing  the  post  office  was  read  the  first  time. 
We  adjourned  early. 

Mr.  Fitzsimmons  called  this  afternoon.  We  had  much  loose  con- 
versation on  the  subject  of  adjournment.  I  expressed  a  wish,  the 
sooner  the  better.  Fitzsimmons  said  it  never  would  do  to  go  away 
without  funding  the  debts.  Pennsylvania  was  too  deeply  interested. 
She  would  draw  three  millions  of  dollars  annually  from  the  funds. 
I  stared,  as  well  I  might ;  for  at  four  per  cent,  she  must  possess 
more  than  the  whole  of  the  Continental  debt  to  do  it,  viz  :  seventy- 
five  millions.  He  corrected  himself,  and  said  above  fifteen  millions 
would  belong  to  her  and  her  citizens.  I  said  this  might  be. 

The  Speaker  walked  away  with  Mr.  Fitzsimmons.  When  he  re- 
turned, I  asked  him  to  repeat  what  Mr.  Fitzsimmons  had  said.  He 
said  Mr.  Fitzsimmons  had  explained  himself  in  their  walk.  That 
the  State  of  Pennsylvania  possessed  three  millions  on  which  she 
would  draw  interest,  and  that  the  citizens  of  the  State  possessed 
fifteen  millions  on  which  they  would  draw  interest. 

Wednesday,  June  23.  This  day  could  not  be  considered  as  very 
important  in  the  Senate.  The  funding  bill  was  called  for,  and  post- 
poned. 

The  intercourse  bill,  or  that  for  appointing  ambassadors,  had  been 
referred  to  a  committee  of  conference  so  long  ago  that  I  had  forgot 
it,  but  the  thing  was  neither  dead  nor  sleeping.  It  was  only  dress- 
ing and  friends  making.  The  report  increased  the  salaries,  and 
added  $10,000  to  the  appropriations.  I  concluded  they  had  secured 
friends  enough  to  support  it  before  they  committed  it  to  the  House. 
This  turned  out  to  be  the  case.  The  whole  appropriation  was 
$40,000,  and  they  were  voted  with  an  air  of  perfect  indifference  by 
the  affirmants,  although  I  consider  the  money  as  worse  than  thrown 
away.  For  I  know  not  of  a  single  thing  that  we  have  for  a  single 
minister  to  do  at  a  single  court  in  Europe.  Indeed,  the  less  we  have 
to  do  with  them,  the  better.  Our  business  is  to  pay  them  what  we 
owe,  and  the  less  political  connection  the  better  with  any  European 
power.  It  was  well  spoken  against.  I  voted  against  every  part 
of  it. 

We  received  also  a  bill  for  the  Indian  trade.  Read  for  the  first 
time. 

Mr.  Morris  was  called  often  out.  He  at  last  came  in,  and 
whispered  me :  The  business  is  settled  at  last.  Hamilton  gives  up 


234  SKETCHES  OF  DEBATES 

the  temporary  residence.  I  wrote  on  a  slip  of  paper,  (as  we  could 
not  converse  freely  :)  If  Hamilton  h  as  his  hand  in  the  residence  now, 
he  will  have  his  foot  in  it  before  the  end  of  the  session. 

I  afterwards  told  Mr.  Morris  that  this  seeming  willingness  of  Ham- 
ilton proceeded  from  his  knowledge  that  the  North  Carolina  Sena- 
tors- and  Colonel  Gunn  could  not  be  restrained  from  voting  for  Bal- 
timore, and  that  the  present  proposal  and  bill  (for  a  bill  was  showed 
to  me  by  Mr.  Morris)  were  meant  to  divert  the  southern  members 
from  Baltimore,  and  they  would  finally  destroy  the  bill. 

I  got  Henry,  of  Maryland,  into  the  audience-room,  and  gave  him 
a  detail  of  what  was  going  on,  and  made  the  same  reflections  on  it 
to  him.  I  saw  he  believed  the  North  Carolina  men  would  vote  for 
Baltimore.  I  find  there  is  a  ferment  among  them,  and  good  may 
come  of  it. 

There  is  a  jockeying  and  bargaining  going  on,  respecting  which  I 
am  not  consulted,  and  which  I  hear  of  only  by  the  by.  The  tem- 
porary residence  in  Philadelphia  for  fifteen  years,  and  the  perma- 
nent residence  on  the  Potomac.  A  solemn  engagement  has  been 
entered  into  by  eleven  Senators  to  push  the  temporary  residence 
only.  On  this  ground,  we  of  Pennsylvania  are  perfectly  safe,  and 
our  interest  is  to  keep  this  contract  alive.  If  we  go  from  this,  the 
temporary  residence  may  remain  in  New  York  and  the  permanent 
residence  to  the  Potomac.  It  is  a  species  of  robbery  to  deprive 
Pennsylvania  of  the  residence.  How  can  a  delegate  reconcile  him- 
self to  such  a  vote  unless  he  confide  in  future  contingency  to  re- 
pair his  errors,  which  is  neither  safe  nor  honorable. 

June  24.  This  was  a  day  of  small  business  in  the  Senate.  The 
report  on  a  bill  for  remitting  fines  to  one  Twining  was  rejected,  and 
the  bill  confirmed. 

Though  little  business  was  done  in  the  Senate,  yet  I  ought  never 
to  forget  this  day. 

In  the  Senate  Chamber,  Mr.  Walker  told  me  that  the  Pennsylva- 
nia delegation  had,  in  a  general  meeting,  agreed  to  place  the  per- 
manent residence  on  the  Potomac  and  the  temporary  residence  to 
remain  ten  years  in  Philadelphia.  I  answered,  I  know  nothing  of 
any  such  agreement.  No  truth  was  ever  better  founded.  He  said 
Scott  had  come  from  the  meeting  to  him.  He  seemed  willing  I 
should  take  a  lead  in  the  business.  I  heard  nothing  further  on  the 
business. 

Dr.  Elmer  and  I  called  on  Mr.  Morris,  and  here,  for  the  first 
time,  I  heard  him  declare  he  was  satisfied  with  ten  years.  He  did 
not  say  much  to  me,  but  the  moment  I  came  home  the  Speaker  at- 


1\  Tin;  FIRST  SENATE  OF  THE  UNITED  STATES.      235 

tacked  me.  Here,  you  have  been  doing  fine  things — you  have  broke 
the  bargain,  &c. 

I  denied  that  I  had  broke  any  bargain — that  I  never  knew  of  any 
bargain  for  ten  years  being  made.  Did  not  General  Muhlenburg 
sju'Lik  to  you?  Yes;  on  Monday  last  he  bid  me  tell  Mr.  Morris 
that  he  thought  Mathews  could  not  make  them  agree  to  more  than 
ten  years.  I  forgot  to  mention  it  to  him  then,  but  mentioned  it  to 
him  afterwards.  He  said  if  we  agree  to  ten,  they  would  propose 
seven,  &c.,  and  declared  himself  against  listening  to  any  such  pro- 
posals. We,  however,  met  in  the  evening.  Bassett  and  Reed,  of 
the  Delaware  State,  came  with  Mr.  Morris.  Doctor  Elmer  came 
some  time  after.  I  now  did  the  most  foolish  thing  I  ever  did  in  my 
life.  I  declared  that  I  considered  the  permanent  residence  as  a 
matter  that  ought  to  belong  to  Pennsylvania,  in  whatever  point  of 
view  it  was  considered,  geographically  or  politically.  That  to  de- 
prive her  of  it  was,  in  my  opinion,  a  species  of  robbery ;  but  since 
we  came  there  to  consult  the  public  good,  I  was  willing  to  be  gov- 
erned by  republican  principles,  and  would  stand  by  the  vote  of  the 
majority  on  this  point,  as  a  house  divided  against  itself  could  not 
stand. 

Mr.  Morris  now  said  that  my  arguments  were  too  late.  I  should 
have  made  these  objections  when  the  contract  was  made  for  fifteen 
years'  residence  at  Philadelphia.  I  very  freely  declared  I  never 
entered  into  any  such  contract.  Morris,  Fitzsimmons,  and  the 
Speaker  declared  that  I  did,  and  the  Speaker  reminded  me  that  a 
committee  was  appointed.  I  agreed  that'  a  committee  was  appointed, 
but  it  was  to  draw  up  our  reasons  for  rejecting  Hamilton's  propo- 
sals ;  and  that  I  understood  them  so  would  be  evident  from  my 
sentiments  which  I  had  committed  to  paper  at  the  time,  and  which 
were  now  in  the  hands  of  Col.  Hartley.  They  all  three  persisted 
in  the  charge.  Hartley,  however,  had  spirit  enough  to  say  there 
was  no  such  contract.  This  seemed  to  cool  them  a  little.  But, 
after  some  time,  Scott  came  in.  The  matter  was  repeated  to  him. 
He  declared  there  was  no  number  of  years  mentioned  at  all  as  any 
bargain,  and,  of  course,  no  contract.  This  made  them  look  a  little 
blue. 

I  must  note  that  I  read  the  sketch  which  I  gave  to  Hartley  to 
the  Speaker,  and  that  he  approved  of  it;  and  I  expressly  mentioned, 
both  to  him  and  Col.  Hartley,  that  all  we  did  respected  only  what 
was  past. 

But  now  the  Speaker  put  the  question,  Shall  we  vote  for  a  bill 
giving  the  temporary  residence  ten  years  to  Philadelphia  and  the 
permanent  residence  to  the  Potomac  ?  They  all  said  yes  but  my- 


236  SKETCHES  OF  DEBATES 

self.  I  said  no  ;  but  unluckily  am  bound  by  my  foolish  declaration. 
Good  God,  deliver  me  this  once.  Fate,  familiar  as  her  garter, 
ended  the  difficulty.  But  the  tale  is  long,  and  I  had  better  begin 
the  business  of  the  day  on  the  next  page. 

Friday,  25,  1790.  A  day  of  excessive  rain.  I  went  to  the  Hall, 
in  the  Speaker's  carriage,  at  an  early  hour  to  attend  the  committee 
on  the  post  office  business.  I  found  Mr.  Carroll  there.  We  had 
much  loose  talk.  He  told  me  his  plan,  which  was  to  take  Butler's 
bill — amended  so  that  the  residence  should  be  ten  years  in  Philadel- 
phia, at  the  end  of  which  the  permanent  residence  should  be  on  the 
Potomac. 

The  first  business  was  the  report  on  what  was  called  Stephen 
Moore's  bill.  This  man  is  the  owner  of  the  land  on  which  the  old 
fort  of  West  Point  stands.  He  is  got  in  debt  in  town  to  the  amount 
of  two  thousand  or  some  such  sum.  He  has  nothing  but  the  rocks 
of  West  Point.  The  Secretaries  of  War  and  Treasury,  &c.,  and 
other  influential  characters,  have  interested  themselves  in  getting 
this  bill  passed  to  buy  the  land  from  him  to  pay  his  debts,  under 
the  notion  that  the  ground  is  necessary  for  a  fortress.  It  was  car- 
ried in  the  Senate  by  a  great  majority.  Am  I  mistaken,  or  is  the 
spirit  of  prodigality  broke  loose  since  Rhode  Island  came  in  ? 

This  day  Moore's  case,  and  a  bill  for  claim  for  one  Gould  came 
up.  The  ayes  and  noes  are  on  the  journals,  and,  strange  to  tell,  for 
once  Mr.  Morris  was  with  me. 

Mr.  Carroll  now  rose,  and  was  seconded  by  Lee.  Izard,  Few, 
King,  on  one  side  ;  Carroll  and  Lee.  on  the  other.  Butler  bounced 
between  both,  but  declared  for  the  bill,  and  he  would  be  for  it.  The 
motion  was  to  take  up  the  bill. 

The  President,  from  the  chair,  said  :  There  has  been  a  motion 
for  postponement.  I  do  not  know  whether  it  has  been  seconded. 
No  such  thing  had  happened,  but  the  hint  was  soon  after  taken. 

All  now  was  consternation  and  commotion.  Out  ran  King, 
Schuyler,  Izard,  and  sundry  of  the  eastern  gentry,  and  in  were 
ushered  the  Senators  from  Rhode  Island. 

And  now  the  hinted-for  postponement  was  called  for  of  the  bill, 
which,  in  fact,  had  not  been  taken  up.  But  the  new  members,  just 
sworn  and  seated,  did  not  get  up.  Signs  and  motions  were  ineffect- 
ual ;  they  kept  their  seats ;  and  the  bill,  of  course,  was  taken  up, 
or,  in  parliamentary  style,  not  postponed. 

Izard  begged  leave  to  explain  ;  or  in  other  words,  to  tell  the  new 
come  gentlemen  that  they  ought  to  have  voted  for  the  postpone- 
ment. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.       237 

Mr.  Adams,  without  any  ceremony,  put  the  same  question  over 
again.  King  got  on  one  side,  and  Ellsworth  on  the  other,  of  the 
new  members,  and  up  they  got  them.  Butler,  too,  after  all  his  decla- 
rations, voted  for  the  postponement.  It  was  thirteen  and  thirteen, 
and  Mr.  Adams  voted  the  postponement ;  and  thus  the  business  of 
the  day  was  got  over  without  much  difficulty  so  far,  or  at  least  the 
knotty  parts  of  it,  and  thus  my  neck  got  out  of  the  noose.  Ad- 
journed until  Monday. 

I  must  note  here  that  a  number  of  our  own  people  were  duped  in 
pushing  the  Rhode  Island  bill.  They  are  now  paid  for  it.  I  told 
them  at  the  time  what  was  intended.  They  must  take  what  follows. 

Saturday,  June  26.  Attended  this  day  on  the  committee  on  the 
post  office  bill.  The  bill  came  up  from  the  Representatives,  with 
every  post-road  described — both  main  and  cross-roads. 

Carroll  and  Strong  were  for  blotting  out  every  word  of  descrip- 
tion, and  leaving  all  to  the  Postmaster  General  and  the  President 
of  the  United  States. 

I  proposed  a  different  plan.  That  one  great  post-road  should  be 
described  by  law,  from  Portland,  in  New  Hampshire,  to  Augusta, 
in  Georgia,  passing  through  the  seats  of  the  different  goverments ; 
and  that  two  cross-roads  only  should  be  described,  from  New  York 
to  Canada,  and  from  Philadelphia,  or  some  other  proper  place,  to 
Fort  Pitt,  for  the  accommodation  of  the  western  country.  The  other 
or  block  system  prevailed ;  but  we  are  to  meet  again  on  Monday, 
at  ten  o'clock. 

Monday,  June  28.  Met  at  ten  on  the  post  office  committee,  but 
such  running  and  caballing  of  the  Senators,  nothing  could  be  done. 

Now  the  Baltimore  vote  was  read.  Carroll  and  Lee  moved  to 
postpone  it.  It  was  postponed. 

Carroll  now  moved  to  read  some  representations  from  Baltimore 
and  Georgetown.  This  was  complied  with.  Carroll  surprised  me 
by  taking  me  out  and  requesting  me  to  move  the  insertion  of  Balti- 
more for  the  permanent  residence.  Said  he  wished  it  to  be  put  and 
negatived.  This  had  a  crooked  aspect.  I  declined  it.  Izard,  how- 
ever, moved  this  very  thing,  and  Walker  told  me  it  was  expected 
that  he  would  do  it. 

I  called  for  the  amendment  that  had  been  proposed  on  Friday, 
but  Carroll  got  up  and  wished  the  vote  on  Baltimore.  It  was  neg- 
atived. 

Carroll  now  got  up  with  the  amendments.  He  surprised  me  with 
his  slowness.  We  wrangled  on  till  near  three  o'clock,  calling  yeas 
and  nays  on  almost  every  question — but  for  these,  vide  the  minutes. 


238  SKETCHES  OF  DEBATES 

When  we  came  to  the  blank  for  the  place  of  the  temporary  resi- 
dence— and,  by  the  by,  there  was  no  blank  in  the  amendment  which 
Carroll  read  on  Friday,  but  he  now  suffered  Adams  to  proceed  on 
the  original  bill.  He  evidently  waited,  and  paused  until  Izard  moved 
to  fill  the  blank  with  New  York. 

Now  we  had  the  warmest  debates  of  the  day.  Mr.  Morris  took 
no  part  whatever.  Langdon  and  myself  were  the  warmest.  The 
question  was  put  at  three  o'clock,  and  carried  for  New  York — thir- 
teen to  twelve.  Col.  Gunn  has  been  absent  all  this  day — designedly, 
it  is  supposed. 

This  day  the  delegation'  had  invited  the  Vice  President  and  the 
other  officers  of  the  General  Government.  The  Chief  Justice  and 
Vice  President  did  not  attend.  The  three  Secretaries  were  with 
us.  The  discourse,  before  dinner,  turned  on  the  manner  of  doing 
business  in  the  Senate.  It  was  remarked,  that  as  every  question 
of  moment  was  carried  only  by  a  majority  of  one,  or,  for  the  most 
part,  by  the  casting  vote  of  the  President,  it  might  be  as  well  to 
vest  the  whole  senatorial  power  in  the  President  of  the  Senate. 

I  could  not  help  making  some  remarks  011  our  three  Secretaries. 
Hamilton  has  a  very  boyish,  giddy  manner.  Jefferson  transgresses 
on  the  extreme  of  stiff  gentility,  or  lofty  gravity.  Knox  is  the  easiest 
man,  and  the  most  dignity  of  presence.  They  retired  at  a  decent 
time,  one  after  another.  Knox  stayed  longest. 

June  29.  The  tonnage  bill  was  taken  up,  and  committed.  This 
bill  uses  the  same  rates  of  tonnage  as  the  old  bill,  and  why  it  was 
brought  forward  is  more  than  I  can  say,  unless  it  was  solely  to  em- 
ploy time. 

And  now  the  residence  bill  was  taken  up. 

The  joy  of  the  Yorkers  made  them  cry  out  for  an  adjournment 
when  they  had  filled  one  of  the  blanks.  Now  the  other  one  was  to 
be  filled,  with  the  time  of  the  temporary  residence.  It  was  carried 
for  ten  years,  and  Carroll  voted  for  it — thirteen  to  twelve.  But 
now  the  question  was  taken  on  the  clause,  and  the  whole  was  nega- 
tived— sixteen  to  nine. 

Now  Izard  and  the  adherents  of  New  York  showed  visible  per- 
turbation, and  bounced  at  a  strange  rate.  I  looked  at  Carroll,  and 
got  him  now  to  rise  with  his  clause,  ten  years  for  Philadelphia. 
Why  he  kept  it  back  so  long  explains  itself. 

Schuyler  and  King  offered  to  amend  it  by  dividing  the  time — five 
years  to  each  place.  Long  debates  here.  The  question  was  lost, 
thirteen  to  thirteen,  Vice  President  against. 

They  now  moved  Baltimore.     Lost  it,  ten  to  sixteen. 


IN  THE  FlUST  Sl.XATE  OF  THE  UNITED  STATES.         239 

Butler  now  moved  to  stay  two  years  in  New  York.  Thirteen  to 
thirteen.  President  against. 

The  question  put  on  the  clause.  Thirteen  to  thirteen.  President 
against  it.  So  the  clause  was  lost. 

The  question  was  now  put,  Shall  the  bill  pass  to  a  third  reading  ? 
The  noes  certainly  had  it,  but  the  House  did  not  divide,  and  an  ad- 
journment obtained  before  anything  more  was  finished. 

June  30.  When  I  came  to  the  Hall,  Doctor  Elmer  told  me  that 
Carroll  &  Co.  were  using  every  endeavor  to  pass  the  bill  to  a  third 
reading  without  anything  of  the  temporary  residence.  Here  we 
certainly  had  every  right  to  leave  them  ;  yet  Walker  said  they 
would  drop  Philadelphia  if  we  would  not  go  with  them.  I  am  fully 
satisfied  that  they  have  had  an  under  plot  on  hand  all  this  time  with 
the  Yorkers. 

Carroll,  finding  the  bill  could  not  be  carried  to  a  third  reading, 
moved  a  reconsideration  of  the  Philadelphia  clause.  But  he  was 
out  of  order,  not  having  been  of  the  majority. 

I  passed  the  word  to  get  Butler  to  move,  as  he  had  been  of  that 
side.  He  did  so,  after  talking  almost  half  an  hour.  It  was  recon- 
sidered and  adopted,  fourteen  to  twelve,  Butler  changing  his  ground. 

Before  we  could  get  a  question  on  the  paragraph,  they  moved 
the  question  of  five  years  in  New  York,  and  five  in  Philadelphia. 
Lost,  twelve  and  fourteen.  Then  to  stay  two  years  in  New  York 
This  Butler  joined  them  in,  and  the  House  stood  thirteen  and  thir- 
teen. The  President  gave  us  a  long  speech  on  the  orderly,  decent 
behavior  of  the  citizens  of  New  York,  especially  in  the  gallery  of 
the  other  House.  Said  no  people  in  the  world  could  behave  better. 
I  really  thought  he  meant  this  lavish  praise  as  an  indirect  censure 
on  the  city  of  Philadelphia,  for  the  papers  have  teemed  with  cen- 
sorious charges  of  their  rudeness  to  the  members  of  public  bodies. 
Be  that,  however,  as  it  may,  he  declared  he  would  go  to  Philadel- 
phia without  staying  a  single  hour,  and  gave  us  his  vote.  I  think 
it  was  well  he  did  not  know  all ;  for  had  he  given  this  vote  the  other 
'way,  the  whole  was  lost.  The  question  on  the  passage  was  carried, 
fourteen  to  twelve.  (See  postea  250  as  to  the  residence.) 

Mr.  Langdon  now  moved  a  reconsideration  to  strike  out  the  loan 
of  the  $100,000.  A  long  debate  ensued.  It  was  evident  his  vote 
would  turn  it.  This  I  mentioned  to  Walker.  We  told  them,  how- 
ever, that  we  were  with  them.  But  they  did  what  good  policy  di- 
rected. They  gave  the  matter  up,  and  the  appropriation  was  struck 
out.  The  question  on  the  bill  passing  to  a  third  reading  was  now 
taken.  Carried — fourteen  to  twelve. 

I  am  fully  convinced    Pennsylvania  could  do  no  better.      The 


240  SKETCHES  OF  DEBATES 

matter  could  not  be  longer  delayed.  It  is,  in  fact,  the  interest  of 
the  President  of  the  United  States  that  pushes  the  Potomac.  He, 
by  means  of  Jefferson,  Madison,  Carroll,  and  others,  urges  the 
business,  and,  if  we  had  not  closed  with  these  terms,  a  bargain  would 
have  been  made  for  the  temporary  residence  in  New  York.  They 
nave  offered  to  support  the  Potomac  for  three  years'  temporary  res- 
idence, (in  New  York,  I  presume,)  and  I  am  very  apprehensive  they 
would  have  succeeded,  if  it  had  not  been  for  the  Pennsylvania  threats 
that  were  thrown  out  of  stopping  all  business,  if  an  attempt  was 
made  to  rob  them  of  both  temporary  and  permanent  residence. 

July  1,  1790.  Knowing  nothing  of  immediate  consequence,  I  at- 
tended the  Hall  early.  Took  a  seat  in  the  committee-room.  Began 
an  examination  of  the  journals  of  the  old  Congress  touching  some 
matters  before  us  in  committee. 

When  the  minutes  were  read,  King  observed  that  the  yeas  and 
nays  were  not  inserted  on  the  motion  for  staying  two  years  in  New 
York.  The  President  and  Secretary  both  denied  that  they  were 
taken,  but  I  believe  they  erred.  This,  however,  I  did  not  consider 
as  much  for  them.  We  read  the  Rhode  Island  enumeration  bill. 
Committed  the  settlement  bill,  and  the  one  for  the  regulation  of 
seamen. 

And  now  came  the  residence.  Ellsworth  moved  that  the  extent 
on  the  Potomac  should  be  thirty  miles  above,  and  thirty  below, 
Hancocktown.  Lost.  Second  motion  :  To  insert  the  first  Monday 
in  May  instead  of  first  Monday  in  December  for  removal.  The  yeas 
and  nays  equal,  and  now  John  Adams  gave  us  one  of  his  pretty 
speeches.  He  mentioned  many  of  the  arguments  for  removal,  and 
concluded  that  justice,  policy,  and  even  necessity,  called  for  it. 

Now,  King  took  up  his  lamentations.  He  sobbed,  wiped  his 
eyes,  and  scolded  and  railed  and  accused,  first,  everybody,  and 
then  nobody,  of  bargaining — contracting — arrangements  and  en- 
gagements that  would  dissolve  the  Union. 

He  was  called  on  sharply.  He  begged  pardon,  &c.,  and  railed 
again. 

Butler  replied  in  a  long  unmeaning  talk.  Repeated  that  he  was 
sure  the  honorable  gentleman  did  not  mean  him,  and  yet,  if  there 
really  was  any  person  there  to  whom  King's  mysterious  hints  would 
apply,  Butler's  strange  conduct  marked  him  as  the  most  proper 
object  for  them.  Talk  followed  talk.  It  was  evident  they  meant 
to  spend  the  day.  Doctor  Johnson  cried  adjourn.  Question,  ques- 
tion, re-echoed  from  different  quarters  of  the  House.  Few  begged 
leave  to  move  an  amendment.  It  was  to  restore  the  appropriation 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      241 

clause.     It  was  lost,  and,  at  last,  we  got  the  question  on  transmit- 
ting the  bill  to  the  Representatives.     Yeas,  fourteen  ;  nays,  twelve. 

As  I  came  from  the  Chamber,  King  gave  me  a  look.  I  replied, 
•*'  King's  lamentations.^  "  That  won't  do,"  said  he.  When  we  were 
down  stairs  he  turned  to  me,  said,  "  Let  us  now  go  and  receive  the 
congratulations  of  the  city  for  what  we  have  done."  I  had  heard 
so  much  and  so  many  allusions  to  the  hospitality,  &c.,  I  thought  it 
no  bad  time  to  give  both  him  and  them  a  wipe  :  "King,  for  a  session 
of  near  six  months  I  have  passed  the  threshhold  of  no  citizen  of 
New  York;  I  have  no  vwish  to  commence  acquaintance  now."  He 
uttered  some  ejaculation  and  went  off.  In  truth,  I  never  was  in  so 
inhospitable  a  place.  The  above  declaration  I  thought  it  not  amiss 
to  make,  that  they  may  know  that  I  am  not  insensible  of  their  rude- 
ness ;  and  further,  that  I  am  quite  clear  of  any  obligations  to  them. 

July  2.  Attended  the  committee  on  the  affair  of  Gould's  bill. 
There  did  not  appear  much  animation  in  the  House.  That  keenness 
of  look  and  eagerness  which  marked  all  our  former  looks,  had  de- 
parted with  the  residence. 

Ellsworth  moved  a  commitment  of  the  resolution  with  regard  to 
the  State  debts.  I  saw  we  were  taken  unawares  on  this  subject. 
They  carried  the  commitment  and  the  committee  both  against  us. 
Carroll  joined  them. 

Wyngate  told  me  this  day  of  a  violent  breach  having  happened 
between  King  and  the  Massachusetts  men.  They  would  not  vote 
for  the  Potomac,  as  King  wished  them  to  do.  Had  they  joined  the 
Connecticut  and  York  votes,  we  would  have  obtained  the  temporary 
residence  on  much  worse  terms.  This  is  a  still  further  proof  of  what 
I  knew  before — that  there  was  an  under  plot  and  a  negotiation  still 
open  between  the  Potomac  and  New  York. 

The  Speaker  told  me  this  day  that  the  assumption  would  pass.  I 
heard  him  with  grief,  and  trust  I  may  yet  disbelieve  him.  He  dined 
with  the  President  yesterday. 

July  3.  General  Irwin  called  early  on  me  this  morning.  It  was 
to  tell  me  that  King  and  Lawrence  had  been  asserting,  with  great 
confidence,  that  we  had  bargained  to  give  the  assumption  for  the 
residence,  &c. ;  that  I  was  to  go  away,  and  Carroll  to  vote  direct 
for  it,  &c.;  that  a  very  great  hubbub  was  raised  among  the  southern 
gentlemen,  &c. 

I  could  only  tell  him  that  it  was  false  ;  and  much,  indeed,  as  I 
wished  to  see  my  family,  that  now  home  I  would  not  go  ;  that  I 
would  stay,  and  he  was  at  liberty  to  say  so.     I  called  on  Williamson 
as  I  went  to  the  Hall,  and  on  Hawkins,  and  told  them  so. 
16 


242  SKETCHES  OF  DEBATES 

When  I  came  in  the  Speaker  told  me  that  the  York  malevolence 
was  showing  itself  in  curious  caricatures,  in  ridicule  of  the  Penn- 
sylvanians,  &c. 

July  4.  Being  Sunday,  was  celebrated  only  by  the  firing  of  can- 
non about  noon.  I  walked  to  Scott's  lodging.  He  came  home  with 
me.  He  showed  a  disposition  to  go  over  all  the  arguments  which 
I  had  used  in  the  Senate  on  that  subject.  I  did  so  with  much  cheer- 
fulness. I  called  this  evening  on  Mr.  Lee,  and  showed  him 
plainly,  as  I  thought,  how  we  could,  by  a  side  wind  in  the  bill  for 
the  settlement  of  accounts,  give  the  assumption  a  decided  stroke.  I 
promised  I  would  see  him  again  to-morrow. 

July  5.  I  was  detained  long  before  I  could  get  to  see  Lee.  He 
had  consulted  Madison,  as  he  said,  and  had  altered  the  amendment 
in  point  of  form.  But  it  certainly  was  much  more  obscure.  Said 
he  would  second  the  motion,  if  I  made  it. 

The  post  office  bill  was  taken  up,  and  a  long  debate  whether  the 
Postmaster  should  appoint  the  post  roads  or  the  Congress  declare 
them  so  by  law.  It  was  carried  in  favor  of  the  Postmaster's  doing 
it. 

A  motion  was  made  that  Congress  should  adjourn,  to  wait  on  the 
President  with  the  compliments  of  the  day.  Negatived. 

A  second  motion  to  adjourn  one  hour,  for  the  above  purpose. 
Lost.  Some  business  was  done,  and  a  second  motion  for  adjourn- 
ment was  called.  All  the  town  was  in  arms — grenadiers,  light  in- 
fantry, and  artillery  passed  the  Hall,  and  the  firing  of  cannon  and 
small  arms,  with  beating  of  drums,  kept  all  in  uproar.  This  motion 
carried,  and  now  all  of  us  repaired  to  the  President's.  We  got  some 
wine,  punch,  and  cakes.  From  hence  we  went  to  St.  Paul's,  and 
heard  the  anniversary  of  independence  pronounced  by  a  Mr.  B.  Liv- 
ingston. The  church  was  crowded.  I  could  not  hear  him  well. 
Some  said  it  was  fine.  I  could  not  contradict  them.  I  was  in  the 
next  pew  to  General  Washington.  Part  of  his  family,  and  Senators 
filled  the  seats  with  us. 

Some  say  that  the  Yorkers  will  make  desperate  resistance  to-mor- 
row. Others  say  that  they  will  die  soft.  Jackson  gave  me  the 
President's  compliments,  and  an  invitation  to  dinner  on  Thursday. 

July  6.  Was  called  on,  early  this  morning,  by  Mr.  Hanna,  of 
Harrisburg.  Attended  at  the  Hall,  after  having  paid  some  visits. 
The  post  office  bill  passed,  after  some  debate.  Now  came  the  set- 
tlement bill.  Mr.  Lee  had  spoiled  my  amendment,  or  at  least  greatly 
obscured  it ,  but  if  I  stirred  at  all,  must  use  his  motion,  and,  great 
man  as  he  is,  there  really  was  mis-spelling  in  it. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.       243 

The  ground  I  took  was,  that  the  fifth  section  of  the  bill  laid  down 
a  ratio,  in  consequence  of  which  there  must,  in  the  nature  of  things, 
be  creditor  and  debtor  States.  The  sixth  section  told  us  how  the 
creditor  States  were  to  be  paid,  but  not  one  word  was  said  as  to  the 
debtor  States.  Paying  one  was  as  necessary  as  the  other.  Justice 
demanded  it.  Vide  my  amendment : 

uAnd  those  States  against  whom  balances  shall  be  found,  shall 
have  a  portion  of  their  State  debt,  which  shall  have  accrued  as  afore- 
said, left  charged  upon  them,  equal  to  such  deficient  balance;  and 
if  it  should  so  happen  that  the  whole  State  debt  of  any  particular 
State  shall  fall  short  of  such  balance,  such  deficiency  shall  remain 
charged  against  such  State,  on  the  books  of  the  Treasury." 

I  attacked  the  Secretary's  system  of  supposititious  balances,  as 
not  only  unjust,  radically,  and  a  total  departure  from  acts  and  re- 
quisitions of  Congress,  but  as  going  to  lay  great  taxes,  and  increase 
the  volume  of  our  debt. 

Ellsworth  and  Strong  answered.  King  admitted  every  principle 
which  I  laid  down,  but  wavered.  Lee  seconded,  and  forsook  me. 
The  child  was  none  of  his.  I  really  thought  I  had  the  best  of  the 
arguments,  which  grew  bulky,  and  by  degrees  spread  over  all  our 
fields  of  finance.  But  on  the  question,  I  had  a  small  division  in 
favor  of  the  motion. 

July  6.  The  true  history  of  the  bill  is,  that  it  has  been  fabricated 
by  the  Secretary's  people,  particularly  Fitzsimmons,  and  is  meant 
as  a  mere  delusion,  or  to  amuse  the  public,  for  they  seriously  never 
wish  the  accounts  to  be  settled.  But  a  show  must  be  kept  up  of 
giving  satisfaction  on  this  point. 

As  to  myself,  I  may  draw  a  lesson  from  Lee's  conduct,  to  bring 
forward  my  own  motions  only.  I  spoiled  the  amendment  to  obtain 
his  support,  and  he  saw  it  perish,  with  the  indifference  of  a  stranger. 

July  7.  Attended  at  the  Hall.  Every  face  bore  the  marks  of 
anxious  expectation.  Schuyler  came  to  me,  and  owned  the  bill  for 
the  settlements  of  accounts  was  to  the  full  as  important  as  I  had 
stated  it  yesterda}^  and  showed  me  a  long  amendment.  Said  the 
bill  should  be  committed.  Wished  me  to  second  him.  I  readily 
agreed  to  it,  and  now  we  went  on  the  subject  of  debate.  I  was  not 
alone,  as  yesterday.  I  supported  my  old  system  of  ascertaining 
the  expenses  of  the  war;  agreeing  to  the  ratios  and  fixing  the 
quotas ;  giving  certificates  to  the  creditor  States  and  leaving  the 
State  debts  on  the  debtors,  respectively,  so  far  as  to  equalize  the 
accounts. 

Ellsworth  certainly  confused  himself.  He  wished  to  equalize  the 
accounts  by  credits  only,  taking  the  lowest  Ex  as  the  basis,  and 


244  SKETCHES  OF  DEBATES 

setting  off  to  each  State  in  proportion  to  it  and  funding  all  over  it, 
as  the  Ex  of  some  of  the  States  stood  nearly  at  0.  This,  in  fact, 
would  be  funding  nearly  the  whole  expense  of  the  war. 

Butler  had  a  third  system,  viz :  Take  no  notice  of  anj^thing  by- 
gone, but  divide  the  existing  debt  among  the  States.  I  thought  it 
strange  to  hear  my  colleague  declare  for  the  last  opinion.  After  a 
very  long  debate,  the  bill  was  committed. 

Sundry  questions  were  taken  in  the  House  of  Representatives  on 
the  residence  bill.  The  decisions  have  hitherto  been  favorable,  but 
the  question  on  the  bill  not  yet  taken. 

July  8.  This  day  was  slack  in  the  Senate  until  the  report  came 
in  on  the  bill  for  the  settlement  of  the  accounts.  As  might  be  ex- 
pected, then  amendments  followed  the  Secretary's  report,  or  nearly 
so.  It  amounted  to  this  :  That  the  net  advances  of  the  States  should 
be  made  an  aggregate  of,  and  this  aggregate  divided  by  the  ratio  of 
population,  which  would  fix  the  quotas.  Then  the  quotas,  compared 
with  their  respective  advances,  would  determine  the  balances  of 
debt  or  credit,  or  turn  out  just  equal.  And  here  it  was  agreed  to 
leave  the  matter  for  the  present,  as  the  bill  respected  the  ascertain- 
ing the  balances  onty,  and  left  the  payment  to  the  creditor  States 
and  the  payment  from  the  debtor  States  to  the  future  operation  of 
the  Legislature.  All  this  was  far  short  of  what  I  wanted,  and,  in- 
deed, the  bill  will  turn  out,  as  I  fear,  a  mere  delusion ;  but,  under 
its  present  form,  the  State  debts  must  be  embraced  in  the  accounts, 
if  the  commissioners  do  their  duty ;  and  if  so,  this  will  operate  as 
a  reason  why  they  should  not  be  assumed. 

I  wrote  a  hasty  line  ...  to  Charles  Biddle,  that  the  votes  stood 
this  day  twenty-eight  and  thirty-three  on  the  residence. 

Stayed  at  the  Hall  until  four  o'clock,  and  went  to  dine  with  the 
President.  It  was  a  great  dinner,  in  the  usual  style,  without  any 
remarkable  occurrence.  Mrs.  Washington  was  the  only  woman 
present. 

I  walked  from  the  President's  with  Mr.  Fitzsimmons  part  of  the 
way  to  his  lodgings.  He  really  seemed  good  humored,  and  as  if  he 
wished  to  be  on  good  terms  with  me.  Clymer  called  at  our  lodgings 
in  the  evening,  and  seemed  condescending  and  good  humored  in  a 
remarkable  degree.  But  all  in  the  dumps  again  about  the  residence ; 
only  thirty  real  friends  to  the  bill  in  the  House,  &c.,  &c. 

It  is  time,  indeed,  that  this  business  should  be  settled,  for  all  our 
affairs  are  poisoned  by  it. 

Nothing  can  be  plainer  than  the  simple  mode  of  Dr.  and  Cr.  for 
the  settlement  of  the  public  accounts  of  the  Union.  But  the  State 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      245 

of  South  Carolina  is  most  miserably  in  arrear,  and  wishes  to  avoid 
all  settlement,  or  to  have  such  a  partial  one  as  will  screen  her  de- 
fects. She  has  been  devoted  to  New  York  on  the  subject  of  the  resi- 
dence. Therefore,  New  York  (or  I  should  rather  write  Hamilton) 
labors  incessantly  to  confuse,  embarrass,  and  confound  all  sett'e- 
ment.  The  thing  cannot  be  openly  denied,  but  they  will  involve  it 
in  so  many  difficulties  as  will  either  prevent  it  altogether,  or  render 
it  useless,  if  it  should  take  place. 

July  9.  Attended  the  Hall  at  the  usual  hour.  There  was  much 
whispering  of  the  members,  Ellsworth,  Strong,  and  Izard.  We  had 
a  bill  for  regulating  the  intercourse  with  the  Indians,  which  was 
passed.  A  thing  which  may  be  made  the  basis  of  much  expense. 
Superintendents  are  to  be  appointed,  although  the  superintendence 
of  the  Indians  in  the  Government  northwest  of  the  Ohio  is  already 
vested  in  the  Governor  ;  and  so  south  of  the  Ohio.  By  and  by  we 
shall  have  a  call  for  their  salaries.  It  really  seems  as  if  we  were  to 
go  on  making  offices  until  all  the  Cincinnati  are  provided  for. 

The  settlement  bill  engaged  us  warmly  for  the  most  of  this  day. 
The  object  was  to  find  the  balances  due  to  the  creditor  States,  and 
how.  Ingenuity  itself  is  tortured  to  find  ways  and  means  of  in- 
creasing the  public  demands,  and  passing  by  and  rendering  the 
State  governments  insignificant.  I  declared  what  I  thought  plainly 
on  the  subject :  that  the  bill  was  one  for  the  settlement,  but  not  the 
payment,  of  the  respective  balances.  That  the  old  confederation 
clearly  contemplated  the  payment  of  the  balances  from  the  delin- 
quent States  to  the  creditor  States ;  that  every  act  of  the  old  Gov- 
ernment carried  this  on  the  face  of  it ;  that  although  we  could  not 
lay  unequal  taxes,  yet  the  adoption  of  the  new  constitution  did 
not  go  to  the  discharge  of  just  debts  due  from  the  States  which 
might  be  hereafter  found  debtors  ;  and  that  Congress  certainly  had 
the  power  of  liquidating  the  balances  and  making  the  demands 
from  the  debtor  States. .  The  bill,  after  a  long  debate,  passed  on 
the -principle  of  a  settlement  bill  only. 

I  find  by  letters  which  I  have  received,  that  the  public  creditors 
are  to  be  the  body  who  are  to  rise  in  judgment  against  me,  and  try 
to  expel  me  from  the  Sonati-.  This  is  only  what  I  expected.  Nor 
are  they  the  only  ones.  The  adoption  of  the  new  constitution  raised 
a  singular  ferment  in  the  minds  of  men.  Every  one  ill  at  ease  in 
his  finances ;  every  one  out  at  elbows  in  his  circumstances ;  every 
ambitious  man,  every  one  desirous  of  a  short  cut  to  wealth  and 
honors,  cast  their  eyes  on  the  new  constitution  as  the  machine  which 
could  be  wrought  to  their  purposes,  either  in  the  funds  of  specula- 
lation  it  would  afford,  the  offices  it  would  create,  or  the  jobs  to  be 


246  SKETCHES  OF  DEBATES 

obtained  under  it.  Not  one  of  these  has  found  a  patron  in  me.  In 
fact  I  have  generally  set  my  face  against  such  pretensions.  As  such 
men  are  generally  wanting  in  virtue,  their  displeasure — nay,  their 
resentment — may  be  expected.  "  Why  you  want  nothing  neither  for 
yourself  nor  friends"  said  a  Senator  one  day  to  me,  in  some  sur- 
prise. It  was  somewhat  selfish,  but  I  could  not  help  uttering  a  wish 
that  he  could  say  so  with  truth  of  every  one. 

July  10.  Being  Saturday,  the  Senate  did  not  meet,  but  I  went 
to  the  Hall  by  a  kind  of  instinct  created  by  custom  ;  something  like 
a  stage  coach,  which  always  performs  it  tour,  whether  full  or  empty. 
I  met  King  and  Langdon  here.  We  spent  an  hour  or  two  in  very 
familiar  chat.  Nothing  worth  noting,  unless  it  was  the  declaration 
of  King,  that  a  bargain  was  certainly  made  on  the  subject  of  the 
residence,  to  obtain  at  least  one  vote  in  the  room  of  his,  as  it  was 
mostly  likely  he  would  vote  against  the  assumption,  if  the  residence 
went  to  Philadelphia.  I  was  astonished  at  King's  owning  this, 
which,  in  fact,  amounted  to  this  :  that  he  had  engaged  his  vote  for 
the  assumption,  if  the  residence  stayed  in  New  York. 

Sunday,  the  llth,  was,  with  me,  a  very  dull  day.  I  read  at  home, 
wrote  the  usual  letters  to  my  family,  and  other  correspondents. 
After  dinner,  walked  alone  out  on  the  commons  beyond  the  Bowery, 
wherever  I  could  find  any  green  grass,  or  get  out  of  the  dust,  which 
was  very  troublesome  on  the  roads. 

Monday,  July  12.  Attended  at  the  Hall  at  the  usual  time.  We 
received  two  messages  from  the  Representatives ;  one  of  them  con- 
tained the  residence  bill.  We  had  considerable  debate  on  the  post 
office  bill.  Insisted  on  our  amendments,  and  appointed  a  commit- 
tee to  confer. 

Insisted  on  our  amendment  to  the  Indian  intercourse  bill,  and 
passed  the  tonnage.  This  bill  deserves  a  remark. 

The  bill  is,  in  every  respect,  the  same  as  the  old  one,  bating  the 
remission  of  some  unintentional  severities,  which  had  fallen  on  some 
fishermen  and  coasters,  which  were  remitted.  The  taking  all  the 
time,  and  passing  all  the  forms  of  a  new  bill,  would  perhaps  bear 
an  interpretation  as  if  we  feared  running  out  of  work. 

A  motion  was  made  for  taking  up  the  funding  bill,  but  with- 
drawn. No  other  serious  business  was  gone  on.  The  House  ad- 
journed. 

A  number  of  us  gathered  in  a  knot,  and  got  on  the  subject  of  the 
assumption,  the  report  on  which  had  been  just  handed  in  by  Mr. 
Carroll.  It  is  in  favor  of  it.  And  now,  from  every  appearance, 
Hamilton  has  got  his  number  made  up.  He  wanted  but  one  vote 
long  ago. 


IN  Tin:  FIRST  SKNATK  OF  THE  UNITED  STATES.       247 

The  sums  they  have  reported  to  be  assumed,  is  twenty-one  mil- 
lions of  dollars.  This  is  most  indubitably  to  cover  the  speculations 
that  have  been  made  in  the  State  debts.  This  assumption  will  im- 
mediately raise  the  value  of  the  State  securities,  and  enable  those 
people  who  have  plunged  themselves  over  head  and  ears  in  those 
speculations,  to  emerge  from  impending  ruin,  and  secure  them  the 
wages  of  speculation.  The  report  is  ordered  to  be  printed. 

After  dismissing  this  subject,  we  got  on  the  prospect  of  an  ap- 
proaching war  between  Spain  and  England.  Here  was  a  large  field 
for  conjecture,  and  we  indulged  our  fancies  on  the  subject,  until 
near  three  o'clock. 

I  will  here  note  down  an  observation,  which  I  wonder  never  made 
an  impression  on  the  Pennsylvanians.  Every  State  is  charged  with 
having  local  views,  designs,  &c.  Could  any  motive  of  this  kind  be 
j ustly  chargeable  on  our  State  in  adopting  the  constitution  ?  By  our 
impost,  we  laid  many  of  the  neighboring  States  under  contribution 
— part  of  Jersey,  Delaware,  part  of  Virginia,  and  almost  the  whole 
of  the  western  country.  It  appears  one  fourth  of  the  whole  impost 
is  received  at  Philadelphia.  This  was  a  great  sacrifice.  Quere — 
Did  our  politicians  ever  think  of  this  advantage  ? 

July  13.  I  attended  this  day  at  the  Hall,  at  the  usual  time,  or 
rather  sooner.  General  Schuyler  only  was  before  me.  Our  Presi- 
dent came  next.  They  sat  opposite  to  me,  and  we  had  a  long  chat 
on  various  subjects,  but  nothing  very  interesting.  Mr.  Morris  came 
at  last. 

The  resolution  for  the  assumption  of  twenty-one  millions  of  the 
State  debts,  was  taken  up.  This  was  perhaps  the  most  disorderly 
day  ever  we  had  in  Senate.  Butler  was  irregular,  beyond  all  bear- 
ing. Mr.  Morris  said  openly,  before  Senate  was  formed,  I  am  for  a 
six  per  cent,  fund  on  the  whole  ;  and  if  gentlemen  will  not  vote  for 
that,  I  will  vote  against  the  assumption.  I  thought  him  only  in 
sport  then.  But  he  three  times,  in  Senate,  openly  avowed  the  same 
thing,  declaring  he  was,  in  judgment,  for  the  assumption ;  but  if 
gentlemen  would  not  vote  for  six  per  cent.,  he  would  vote  against 
the  assumption,  and  the  whole  funding  bill.  His  adding  the  fund- 
ing bill  along  with  it,  in  the  last  instance,  operated  as  some  kind  of 
palliation.  Izard  got  up,  and  attacked  him  with  asperity.  Mr. 
Morris  rose  in  opposition.  Then  Izard  declared  he  did  not  mean 
Mr.  Morris,  so  much  did  he  fear  the  loss  of  his  vote.  But  his  in- 
vective was  inapplicable  to  anybody  else.  I  was  twice  up,  and 
bore  my  most  pointed  testimony  against  the  assumption.  It  was 
incurring  a  certain  debt,  on  uncertain  principles.  The  certain  effect 
was,  the  incurring  and  increasing  our  debt  by  twenty-one  millions, 


248  SKETCHES  OF  DEBATES 

by  mere  conjecture.  This  debt  was  already  funded  by  the  States y 
and  was  in  a  train  of  payment.  Why  not  settle,  and  let  us  see  how 
the  accounts  stand,  before  the  States  are  discharged  of  their  State 
debts.  I  alleged  the  funds,  on  which  these  debts  were  charged  by 
the  States,  were  those  which  the  States  could  pay  with  the  great- 
est facility,  as  every  State  had  facilities  of  this  kind.  The  trans- 
ferring the  debt  to  any  general  fund,  would  lose  these  local  advan- 
tages. It  was  dealing  in  the  dark — we  had  no  authentic  evidence 
of  these  debts.  If  it  was  meant  as  an  experiment  how  far  people 
would  bear  taxation,  it  was  a  dangerous  one.  I  had  no  notion  of  drill- 
ing people  to  a  service  of  this  kind,  &c.,  &c.  But  I  cannot  pretend 
to  write  all  I  said.  Mr.  Morris  has  twice  this  day  told  me  what  great 
disturbances  there  would  be  in  Pennsylvania,  if  six  per  cent,  was 
not  carried.  I  considered  these  things  as  threats  thrown  out  against 
my  reappointment.  But  be  it  so  ;  so  help  me  God,  I  mean  not  to 
alter  one  tittle.  I  am  firmly  determined  to  act  without  any  regard 
to  consequences  of  this  kind.  Every  legislator  ought  to  regard  him- 
self as  immortal. 

July  14.  This  day  the  resolutions  on  the  assumption  were  taken 
up.  I  am  so  sick  and  so  vexed  with  this  angry  subject  that  I  hate 
to  commit  anything  to  writing  respecting  it.  I  will,  however,  seal 
one  of  the  copies  of  it  in  this  book  as  a  monument  of  political  ab- 
surdity. It  had  friends  enough — fourteen  to  twelve — so  far,  but  I 
am  not  without  hopes  of  destroying  it  to-morrow.  I  am  now  con- 
vinced that  there  must  have  been  something  in  the  way  of  bargain,, 
as  King  alleged  on  Saturday.  Ellsworth,  at  one  time  this  day, 
used  the  following  words  :  No  man  contemplated  a  final  liquidation 
of  the  accounts  between  the  U.  S.  and  the  I.  S.  as  practicable  or 
probable.  I  took  them  down,  and  showed  them  to  Mr.  Morris  and 
Mr.  Walker.  He  observed  me,  and,  after  some  time,  got  up,  and 
in  the  course  of  speaking,  said  :  A  settlement  was  practicable,  and 
we  must  have  it. 

Mr.  Morris,  Langdon,  and  others  moved  to  strike  out  the  third 
section.  We,  of  the  opposition,  joined  Ellsworth,  and  kept  it  in. 
The  State  of  Pennsylvania  has  not  but  about  one  million  of  existing 
State  debt.  This  clause,  if  the  vile  bill  must  pass,  may  be  consid- 
ered as  in  her  favor ;  more  especially  if  they  prevail,  and  prevent  a 
settlement  of  the  accounts. 

For  some  time  after  the  war,  certificates  were  sold  as  low  as  nine 
pence  on  the  £.  John  Ray,  my  old  servant,  told  me  that  he  sold 
one  of  £80  for  £3,  and  could  get  no  more.  But  it  appears,  by  a 
remonstrance  of  the  Executive  Council  to  the  Legislature  of  Penn- 
sylvania entered  on  their  minutes,  that  the  market  price  was  2/6  on 


IN  THE  FIKST  SKNATE  OF  fHE  UNITED  STATES.      249 

on  the  £  at  the  time  of  passing  the  funding  law.  Yet  by  the  in- 
strumentality on  a  weak,  and  in  some  cases  interested,  Legislature, 
six  per  cent  was  given  on  the  certificates,  or  forty-eight  per  cent, 
on  the  real  specie  value.  This  Pennsylvania  paid  for  four  years. 
As  the  certificates  were  generally  below  2/6,  it  is  no  exaggeration 
to  say  every  speculator  doubled  his  money  in  four  years,  and  still 
has  the  certificates,  on  which  he  expects  forty-eight  per  cent,  with 
respect  to  the  original  cost.  Thus  £100  specie  bought  £8.00  in  cer- 
tificates, (perhaps,  much  more.)  These  certificates  brought  £48  per 
annum  for  four  years=£192,  and  the  holders  of  certificates  remain 
as  clamorous  as  ever. 

July  15.  The  business  of  the  Senate  was  soon  done  this  day. 
The  President  took  up  the  funding  bill  without  any  call  for  it. 

Mr.  Morris  appeared  in  high  good  humor — asked  me  if  anybody 
had  taken  me  aside  to  communicate  anything  to  me.  I  told  him  no. 
But  it  was  easy  to  observe  that  something  was  going  on.  He  said 
there  was,  but  did  not  tell  me  what  it  was,  nor  did  he  affect  to  know. 
I  saw  Carroll  writing  a  ticket  with  a  number  of  names  on  it,  sand, 
and  put  it  by.  In  the  meanwhile,  up  rose  Ellsworth,  and  moved 
that  both,  the  funding  bill  and  the  resolutions  for  the  assumption 
should,  be  referred  to  a  committee.  He  was  seconded  soon.  Lee 
rose — said,  we  know  no  good  could  come  from  a  commitment.  Mr. 
Morris  rose — said  he  was  for  the  commitment ;  that  they  might  be 
made  in  one  law,  and  the  rate  of  interest  fixed  at  six  per  cent.  I 
rose — said  I  knew  of  but  two  ends  generally  proposed  by  commit- 
ment. The  one  was  to  gain  information ;  the  other  to  arrange 
principles  agreed  on.  The  first  was  out  of  the  question  ;  the  second 
only  could  be  the  object ;  but  what  was  the  materials  to  be  arranged  ? 
A  bill  originated  in  the  other  House,  and  resolves  on  the  assump- 
tion, which  had  originated  in  this.  I  knew  the  opinion  of  many  of 
the  Representatives  was  opposed  to  our  power  of  originating  any- 
thing relating  to  the  subjects  of  the  public  debts.  Taking  two  so 
dissimilar  objects  together,  more  especially  if  our  powers  were 
called  in  question,  was  the  way  to  lose  both.  Gentlemen  hoped 
much  good  from  this  measure.  I  wished  they  might  not  be  disap- 
pointed ;  but  I  was  not  certain  of  anything  but  delay,  which,  in  our 
present  circumstances,  I  considered  as  an  evil,  &c. 

The  President,  who  was,  to  appearance,  in  the  secret,  seemed  im- 
patient until  I  had  done  ;  and  putting  the  question,  it  was  carried. 
The  ....  were  all  the  six  per  cent,  men,  and  all  the  assumption 
men.  They  carried  the  committee,  all  of  their  own  number.  This 
done,  the  Senate  adjourned. 

Henry  came  and  sat  beside  me  a  good  while.     He  told  me  that 


250  SKETCHES  OF  DEBATES 

Carroll  wrote  his  ticket  with  the  seven  names,  (that  being  the  num- 
ber of  the  committee,)  before  any  business  whatever  was  done.  This 
I  had  observed,  in  part,  myself.  We  did  not  need  this  demonstra- 
tion to  prove  that  the  whole  business  was  prearranged  ;  nor  can  any 
person  be  now  at  a  loss  to  discover  that  all  the  three  subjects — resi- 
dence, assumption,  and  funds  equivalent  to  six  per  cent. — were  all 
bargained  and  contracted  for  on  the  principles  of  mutual  accommo- 
dation for  private  interest.  The  President  of  the  TJ.  S.  has  (in  my 
opinion)  had  great  influence  in  this  business. 

Mr.  Maclay  intimates  that  the  plan  acted  on  was  to  give  to  either 
New  York  or  Philadelphia  the  temporary  residence  for  the  perma- 
nent residence  on  the  Potomac ;  and  that  he  found,  by  demonstra- 
tion, that  this  was  the  case ;  and  that  York  (New  York)  would  have 
accepted  of  the  temporary  residence  if  we  had  not.  "But,"  he  adds, 
"  I  did  not  then  see  so  clearly  that  the  abominations  of  the  funding 
system  and  the  assumption  were  so  intimately  connected  with  it." 

July  16,  1790.  Senate  had  not  been  formed  but  a  few  minutes 
when  a  message  from  the  President  of  the  TJ.  S.  was  announced.  It 
was  Lear ;  and  the  signature  of  the  President  to  the  residence  bill 
was  the  communication. 

Statement  of  Mr.  Jefferson. 

In  the  first  volume  of  Randall's  Life  of  Jefferson,  pages  608-11, 
is  a  statement  of  Mr.  Jefferson  relative  to  the  assumption  bill.  He 
observes,  that  this  great  and  trying  question  was  lost  in  the  House 
of  Representatives,  and  that  Hamilton  was  in  despair.  As  I  was 
going  to  the  President's  one  day,  I  met  him  in  the  street.  He 
walked  me  backwards  and  forwards  before  the  President's  door  for 
half  an  hour.  He  painted  pathetically  the  temper  into  which  the 
Legislature  had  been  wrought ;  the  disgust  of  those  who  were  called 
the  creditor  States ;  the  danger  of  the  secession  of  their  members 
and  the  separation  of  the  States.  He  observed  that  the  members 
of  the  administration  ought  to  act  in  concert;  that  though  this 
question  was  not  of  my  department,  yet  a  common  duty  should 
make  it  a  common  concern  ;  that  the  President  was  the  center  on 
which  all  administrative  questions  ultimately  rested,  and  that  all 
of  us  should  rally  around  him  and  support  with  joint  efforts  meas- 
ures approved  by  him;  and  that  the  question  having  been  lost  by 
a  small  majority  only,  it  was  probable  that  an  appeal  from  me  to 
the  judgment  and  discretion  of  some  of  my  friends  might  effect  a 
change  in  the  vote,  and  the  machine  of  government,  now  suspended, 
might  be  again  set  in  motion. 

I  told  him  that  I  was  a  stranger  to  the  whole  subject ;  that  not 


Ix  THK  FIKST  SK.NATK  OF  TIM-:  r\rn:i>  STATES. 

having  yet  informed  myself  of  the  system  of  finance  adopted,  I 
knew  not  how  far  this  was  a  necessary  sequence  ;  that  undoubtedl}', 
if  its  rejection  endangered  a  dissolution  of  our  Union  at  this  in- 
cipient stage,  I  should  deem  that  the  most  unfortunate  of  all  con- 
sequences, to  avert  which  all  partial  and  temporary  evils  should  be 
yielded.  I  proposed  to  him,  however,  to  dine  with  me  the  next 
(lav,  and  I  would  invite  another  friend  or  two — bring  them  into 
conference  together,  and  I  thought  it  impossible  that  reasonable 
men,  consulting  together  coolly,  could  fail,  by  some  mutual  sacri- 
fices of  opinion,  to  form  a  compromise  which  was  to  save  the  Union. 

The  discussion  took  place.  I  could  take  no  part  in  it  but  an  ex- 
hortatory  one,  because  I  was  a  stranger  to  the  circumstances  which 
should  govern.  But  it  was  finally  agreed  that  whatever  importance 
had  been  attached  to  the  rejection  of  the  proposition,  the  preserva- 
tion of  the  Union  and  of  concord  among  the  ^States  was  more  im- 
portant, and  that,  therefore,  it  would  be  better  that  the  vote  of  re- 
jection should  be  rescinded,  to  effect  which  some  members  should 
change  their  votes.  But  it  was  observed  that  this  pill  would  be 
peculiarly  bitter  to  the  southern  States,  and  that  some  concomitant 
measure  should  be  adopted  to  sweeten  it  a  little  to  them.  There 
had  before  been  propositions  to  fix  the  seat  of  Government  either 
at  Philadelphia  or  at  Georgetown  on  the  Potomac,  and  it  was  thought 
that  by  giving  it  to  Philadelphia  for  ten  years,  and  to  GeorgetoVn 
permanently  afterwards,  this  might,  as  an  anodyne,  calm,  in  some 
degree,  the  ferment  which  might  be  excited  by  the  other  measure 
alone.  So  two  of  the  two  Potomac  members,  White  and  Lee — but 
White  with  a  revulsion  of  stomach  almost  convulsive — agreed  to 
change  their  votes,  and  Hamilton  undertook  to  carry  the  other 
point.  In  doing  this,  the  influence  he  had  established  over  the  east- 
ern members,  with  the  agency  of  Robert  Morris  with  those  of  the 
middle  States,  effected  his  side  of  the  engagement,  and  so  the  as- 
sumption was  passed,  and  twenty  million  of  stock  divided  among 
favored  States,  and  thrown  in  as  a  pabulum  to  the  stock  jobbing 
herd.  This  added  to  the  number  of  votaries  to  the  Treasury,  and 
made  its  chief  master  of  every  vote  in  the  Legislature  which  might 
give  to  the  Government  the  direction  suited  to  his  political  A'iews. 

I  know  well,  and  so  must  be  understood,  that  nothing  like  a  ma- 
jority in  Congress  had  yielded  to  this  corruption.  Far  from  it. 
But  a  division  not  very  unequal  had  already  taken  place,  in  the  hon- 
est part  of  that  body,  between  the  parties  styled  Republican  and 
Federal. 

Mr.  Randall  observes  that  the  whole  amount  of  State  debt  and 
interest  included  in  "  the  assumption  "  ultimately  proved  about  two 


252  SKETCHES  OF  DEBATES 

and  a  half  millions  of  dollars  more  than  named  by  Mr.  Jefferson. 
Mr.  Gallatin,  a  few  years  afterwards,  observed,  that  had  the  United 
States  waited  to  assume  the  State  debt  till  the  accounts  had  been 
finally  settled,  instead  of  assuming  at  random  before  a  final  settle- 
ment had  taken  place,  the  very  same  result  which  now  exists  might 
have  been  effected ;  and  the  amounts  of  the  Union  with  the  indi- 
vidual States  might  have  been  placed  in  the  same  relative  situation 
in  which  they  now  stand,  by  assuming  eleven  millions,  instead  of 
twenty-two.  The  additional  and  unnecessary  debt  created  by  that 
fatal  measure  amounts,  therefore,  to  $10,883,628  58.  (The  State 
debts  were  assumed  to  the  amount  of  about  twenty-one  millions  and 
a  half.) 

Mr.  Maclay  Proceeds. 

The  pension  bill  came  up  from  the  House  of  Representatives. 
The  committee  on  the  Indian  bill  reported  that  twenty  thousand 
dollars,  in  addition  to  seven  thousand  in  the  hands  of  the  Secretary 
at  War,  and  six  thousand  in  Georgia,  in  goods,  should  be  granted 
for  the  holding  treaties  with  the  Indians,  and  all  this,  when  there 
does  not  appear  a  shadow  of  reason  for  holding  a  treaty  at  all  with 
any  Indians  whatever.  Opposition  was  vain.  It  was  carried. 

Now  Mr.  Morris  came  raging  angry — said  he  would  vote  against 
everything.  The  committee  had  agreed  to  the  Secretaries  third 
alternative  for  the  principal,  and  three  per  cent,  on  the  interest 
due,  and  he  had  left  them.  The  report  came  in  after  some  time, 
and  it  was  proceeded  on.  I  whispered  to  Mr.  Morris,  now  we  had 
got  the  residence,  it  was  our  province  to  guard  the  Union,  and  pro- 
mote the  strengtji  of  the  Union  by  every  means  in  our  power, 
otherwise  our  prize  would  be  a  blank.  I  told  him  I  would  move  a 
postponement  of  the  business,  and  I  would  wish  a  meeting  of  the 
delegation  this  evening.  He  assented.  A  vast  deal  was  said  on 
the  subject  of  the  contract,  and  breach  of  obligation.  When  I  rose, 

NOTE.— The  Elder  Walcott  writes,  April  23,  1790,  "  Your  observations  re- 
specting the  public  debts  as  essential  to  the  existence  of  the  National  govern- 
ment, are  undoubtedly  just.  There  certainly  cannot,  at  present,  exist  any 
other  cement.  The  assumption  of  the  State  debts  is  as  necessary,  and,  indeed, 
more  so,  for  the  existence  of  the  National  government  than  those  of  any  other 
description.  If  the  State  governments  are  to  provide  for  their  payment,  these 
creditors  will  forever  oppose  all  National  provisions,  as  being  inconsistent 
with  their  interest ;  which  circumstances,  together  with  the  habits  and  pride 
of  local  jurisdiction,  will  render  the  States  very  refractory.  A  refusal  to  pro- 
vide for  the  State  debts,  which,  it  seems,  has  been  done  by  a  committee  of 
Congress,  if  persisted  in,  I  consider  as  an  overthrow  of  the  National  govern- 
ment."— Gibbs'  Memoirs  of  Wolcott,  J,  page  45.  See  also  Von  Hoist's  Consti- 
tutional History  of  the  United  States,  page  84. 


IN  THE  FIRST  SKXATK  OF  THK  UNITKD  STATKS.      253 

and  stated  that  I  had  no  difficulty  on  that  head.  That  we  stood 
here  as  legislators.  Judges,  and  executive  officers,  were  bound  to 
observe  laws  and  contracts.  But  justice  was  the  great  rule  which 
we  should  govern  our  conduct  by.  The  holder  of  the  certificate 
called  :  Do  me  justice.  But  the  original  performer  of  the  service, 
who  sold  it  for  one  eighth  part  of  the  nominal  value,  and  on  whom 
the  tax  to  make  it  good  is  about  to  fall,  cries  :  Do  me  justice  also. 
Both  sides  of  this  picture  ought  to  be  viewed,  and  their  relative 
numbers  to  each  other.  No  guess  could  be  made  in  this  matter, 
but  by  comparing  the  number  of  speculators  with  the  number  of 
those  who  had  sold,  and  perhaps  the  ratio  would  not  be  one  to  one 
hundred.  It  was  also  true,  there  were  a  class  of  men,  the  original 
holders,  who  were  not  embraced  in  the  above  description ;  but  if 
we  cast  our  eye  over  the  calamities  of  the  late  war,  they  would  ap- 
pear to  be  the  fortunate  characters.  All  the  others  who  touched 
Continental  money,  were  taxed  by  it,  and  it  finally  sunk  in  their 
hands.  The  original  holders  have,  if  not  the  whole  value,  at  least 
something  to  show,  <fcc.,  &c.  I  hoped  for  the  progress  of  the  public 
business,  and  that  a  short  postponement  would  perhaps  bring  us 
nearer  together,  and  moved  for  to-morrow,  but  it  was  not  car- 
ried. The  report  was  pushed  with  violence,  and  all  carried,  twenty 
members  rising  for  it,  four  only  sat — two  going  out.  The  Presi- 
dent said  twenty  for,  four  against. 

When  they  came  to  the  part  for  engrafting  the  assumption  resolves 
on  the  bill,  Mr.  Lee,  with  what  assistance  I  gave  him,  retarded  the 
business  a  little.  When  I  spoke  I  endeavored  to  narrow  the  ground 
a  little,  and  spoke  solely  to  the  question  of  combining  the  assump- 
tion with  the  funding  bill.  The  funding  bill  was  to  provide  for  the 
domestic  debt  which  floated  at  large,  and  was  at  this  time  in  no 
train  of  payment.  The  propriety  of  paying  the  foreign  and  domestic 
was  admitted  by  every  person.  It  was  really  the  business  which 
brought  us  together.  But  here  we  must  not  pass  it  unless  we  tack 
it  to  another,  which  we  consider  as  a  political  absurdity.  This  was 
contradicting  the  spirit  of  free  legislation.  Every  subject  ought  to 
hang  on  its  own  merits.  It  was  offering  violence  to  our  understand- 
ings. I  said  a  good  deal  on  the  subject,  and  could  not  restrain  my- 
self from  going  into  the  merits  of  the  assumption.  But  I  might  as 
well  have  poured  out  speech  to  senseless  stalks  or  stones.  It  was 
carried  against  us,  fifteen  to  eleven.  A  committee  was  immediately 
appointed  to  make  the  arrangements.  We  adjourned. 

I  came  down  stairs,  and  all  the  speculators,  both  of  the  Repre- 
sentatives and  city,  were  about  the  iron  rails.  Ames  and  Sedgwick 
were  conspicuous  among  them.  The  Secretary  and  his  group  of 


254  SKETCHES  OF  DEBATES 

speculators  are  at  last,  in  a  degree,  triumphant.  His  gladiators,  with 
the  influence  that  has  arisen  from  six  dollars  per  day,  have  wasted 
us  many  months  in  this  place.  But  I  cannot  see  that  I  can  do  any 
further  good  here,  and  I  think  I  had  better  go  home.  Everything, 
even  to  the  naming  of  a  committee,  is  prearranged  by  Hamilton  and 
his  group  of  speculators.  I  cannot  even  find  a  single  member  to 
condole  in  sincerity  with  me  over  the  political  calamities  of  my 
country. 

July  IT.  Attended  the  Hall.  Little  was  done,  and  we  sat  waiting 
an  hour  for  the  committee  to  report  the  bill,  with  amendments.  It 
was  done.  An  attempt  was  made  to  pass  it  immediately  by  a  third 
reading  down  to  the  House  of  Representatives.  It  was  moved  that 
it  should  be  printed.  This  was  opposed.  The  President  gave  the 
history  of  both  the  bill  and  resolutions.  With  respect  to  order,  he 
made  this  out  to  be  third  reading  ;  and  of  course  the  question  would 
be  the  sending  it  to  the  Representatives. 

It  was  now  proposed,  as  an  expedient,  that  the  Secretary  should 
read  the  bill  from  his  desk,  for  information  of  the  members.  This 
obtained,  and  now,  behold,  to  a  great  many  innovations  and  amend- 
ments, a  whole  new  clause  was  added.  There  was  something  of 
unfairness  in  this.  It  was,  however,  ordered  to  be  printed  for 
Monday. 

When  I  came  down  stairs,  Mr.  Clymer  came  to  where  I  stood, 
with  General  Irwin.  We  talked  over  the  general  belief  that  the 
assumption  was  forced  on  us  to  favor  the  views  of  speculation..  Mr. 
Clymer  mentioned  one  contract  on  which  about  8/  in  the  pound  had 
been  cleared  on  £80,000.  General  Irwin  seemed  to  scruple — 8/  in 
the  pound.  Mr.  Clymer  said  he  was  not  so  sure  of  the  rate  cleared, 
but  the  sum  speculated  on  was  £80,000.  Much  of  this  business  was 
done  in  the  'Change  alley  way.  Constable,  however,  is  known,  in 
the  beginning  of  the  session,  to  have  cleared  thirty-five  thousand 
dollars  on  a  contract  for  seventy  thousand.  The  whole  town  almost 
has  been  busy  at  it ;  and  of  course  all  engaged  in  influencing  the 
measures  of  Congress.  Nor  have  the  members  of  Congress  them- 
selves kept  their  hands  clean  from  this  work.  The  unexampled 
success  has  obliterated  every  mark  of  reproach,  and  from  hence- 
forth we  may  consider  speculation  as  a  congressional  emploj^ment. 
Nay,  all  the  abominations  of  the  South  sea  bubble  are  outdone  in 
this  vile  business.  In  wrath,  I  wish  the  same  fate  may  attend  the 
projectors  of  both. 

18th  July.  This  day  the  delegation  dined  at  Brandon's.  Mr. 
Morris  stated  to  the  representatives  the  train  the  business  was  in 
with  the  Senate.  Mentioned  the  importance  of  completing  the  fund- 


IN  Tin:  FIRST  SKNATK  OF  THK  UNITED  STATKS.      255 

ing  law,  particularly  to  us  who  now  had  the  residence  of  Congress 
before  us.  That  the  rising  of  Congress  without  funding  might  go 
to  shake  and  injure  the  Government  itself,  &c.  We  had  much  talk, 
but  nothing  was  concluded,  or  any  agreement  entered  into.  Mr. 
Fitzsiminons  averred,  in  the  most  unequivocal  manner,  the  grand 
object  of  the  assumption  to  be  the  collecting  all  the  resources  of  the 
United  States  into  one  treasury.  Speaking  of  the  State  of  Penn- 
sylvania, he  avowed  she  would  be  a  debtor  State  to  a  large  amount 
on  the  settlement  of  the  accounts,  and  the  next  moment  said  she 
would  draw  interest  on  $3,000,000  annually.  It  is  not  easy  to 
reconcile  his  assertions  on  this  subject.  A  great  deal  of  loose  talk 
passed  among  us.  As  I  had  the  delegation  together,  I  mentioned 
my  intention  of  going  home,  and  desired  to  know  if  any  of  them 
had  any  objection ;  but  no  objection  was  made,  and  I  believe  I  will 
set  off  to-morrow  afternoon. 

July  19.  I  attended  the  Hall  at  the  usual  time.  And  now  the 
material  business  of  the  day,  the  consolidated  funding  bill  and  as- 
sumption, were  taken  up.  Mr.  Morris  showed  a  vindictive  and  ire- 
ful disposition  from  the  very  start,  and  declared  he  would  have  the 
yeas  and  nays  on  every  question.  This,  in  fact,  is  declaring  war 
against  me  only,  as  it  is  me  only  who  they  can  affect  in  Pennsyl- 
vania. I  know  they  mean  to  slay  me  with  the  sword  of  the  public 
creditors.  He  was  as  good  as  his  word,  and  moved  every  point  to 
increase  the  demand  against  the  public,  and  uniformly  called  yeas 
and  nays.  All  the  motions  were  made  for  augmentations  by  him, 
Schuyler,  and  King.  Vide  the  minutes  for  the  yeas  and  nays. 

When  he  moved  that  six  per  cent,  should  be  paid  on  the  back  in- 
terest, as  there  were  but  four  of  them  for  it,  and  enough  tlid  not 
rise  for  the  yeas  and  nays,  I  told  him  I  was  sorry  to  see  him  in  dis- 
tress, and  jumped  up.  If  I  can  turn  these  3^eas  aud  nays  against 
him,  the  act  will  be  a  righteous  one. 

In  the  language  and  calculations  of  the  Treasury,  the  third  alter- 
native is  actually  six  per  cent.,  without  taking  in  the  advantage  of 
quarterly  over  annual  payments,  grounded  on  the  irredeemable 
quality  of  the  debt.  But  I  realty  question  if  we  shall  ever  see  that 
'Change  alley  doctrine  established  here,  which  makes  debt  valuable 
in  proportion  to  that  qualification.  It  never  can  happen  without  a 
gradual  fall  of  interest,  which,  in  this  country,  may  be  rather  con- 
sidered as  impracticable. 

Before  Congress  met,  I  walked  awhile  across  the  Chamber  with 
Mr.  Lee.  He  lamented,  equally  with  me,  the  baneful  effects  of  the 
funding  disease.  No  nation  ever  has  adopted  it,  without  having 
either  actually  suffered  shipwreck,  or  being  on  a  voyage  that  must 


256  SKETCHES  OF  DEBATES 

inevitably  end  in  it.  The  separation  from  Great  Britain  seemed  to 
assign  us  a  long  run  of  political  existence ;  but  the  management  of 
the  Secretary  will  soon  overwhelm  us  with  political  ruin.  Schuyler 
assigned  a  new  kind  of  reason  this  day  for  taxation.  Three  million 
and  a  half  of  dollars  raised  annually,  would  be  only  one  dollar  per 
head  on  an  average.  It  was  nothing,  &c.  It  is  true,  it  is  not  an 
heavy  tax,  but  it  ought  not  to  be  imposed  without  necessity. 

July  20.  We  went  this  day  at  the  funding  system,  and  pursued 
it  with  nearly  the  same  temper  that  we  did  yesterday.  Mr.  Morris 
had  often  declared  himself,  that  he  would  be  for  an  assumption 
equal  to  the  representation,  and  had  calculated  a  schedule  for  the 
purpose ;  but  all  I  could  say  to  him,  he  would  not  gratify  me  in 
moving  it.  I  knew  there  was  no  chance  of  carrying  it.  But  he 
levelled  his  whole  force  against  the  nineteenth  section,  which,  in 
fact,  is  the  only  one  favorable  to  our  State,  for  our  existing  State 
debt  cannot  be  much  more  than  one  million.  I  will  refer  to  the 
minutes  for  the  proceedings  of  the  day.  Mr.  Morris  having  often 
threatened  that  he  would  vote  against  the  bill,  at  last  made  this  re- 
markable speech  :  Half  a  loaf  is  better  than  no  bread.  I  will  con- 
sent to  the  bill  on  behalf  of  the  public  creditors,  for  whom  I  am 
interested,  (I  looked  up  at  him,  and  he  added,)  as  well  as  for  the 
rest  of  the  Union.  This  last  shed  some  palliation  over  his  expres- 
sions. 

I  contended  that  the  speculators,  generally,  had  dealt  on  the  face 
of  the  certificates  ;  or,  if  they  dealt  on  the  amount,  it  was  always 
at  an  abated  rate.  Clear  proof  they  never  expected  the  back  in- 
terest to  be  funded.  By  the  bill,  every  hundred  of  principle  draws 
four  annually ;  and  as  the  back  interest  is  about  on  an  average 
equal  to  half  the  principal,  (at  least  it  is  so  by  the  Secretary's  re- 
port,) this,  at  three  per  cent.,  adds  one  and  a  half  more — equal 
five  and  one  half  per  cent,  per  annum  for  ten  years ;  and  then 
the  other  third,  (or  what  is  equal  to  it  in  'Change  alley  circulation,) 
comes  in  at  six  per  cent.,  which  added,  gives  about  seven  and  a 
half  per  cent,  on  the  face  of  the  original  certificate. 

I  have  turned  the  leaf,  to  note  that  I  may  consider  myself  as  now 
having  passed  the  Rubicon  with  the  Philadelphians. 

Mr.  Morris  told  me  this  day,  I  must  allow  myself  to  get  the  lands 
of  which  he  had  spoken  to  me.  I  told  him  all  on  my  part  was 
ready,  only  put  the  warrants  into  my  hands.  I,  however,  added  : 
We  have  ruined  our  land  office  by  the  assumption.  The  State  cer- 
tificates were  the  materials  to  buy  lands  with.  The  offices  will  now 
be  shut,  for  neither  State  money  nor  specie  can  be  got  or  spared 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      257 

for  it.     He  was  silent,  and  I  really  thought  he  looked  as  if  he  feared 
that  his  conduct  would  be  turned  against  him  in  the  public  eye. 

July  21,  1790.  King's  motion  of  yesterday  for  postponement, 
and  sundry  other  matters  which  I  had  observed,  made  me  fearful 
that  some  storm  was  gathering.  I  called  on  Mr.  Morris  and  ex- 
pressed my  apprehension,  and  proposed  to  him  that  if  any  unex- 
pected maneuver  should  display  itself,  we  should,  with  the  utmost 
apparent  coolness,  call  for  a  concurrence  of  the  resolution  for  the 
adjournment  on  the  27th. 

Attended  at  the  Hall.  The  first  business  in  the  Senate  was  the 
new  bill  of  ways  and  means.  Committed. 

A  message,  with  a  bill,  respecting  consuls  and  vice  consuls. 
The  bill  for  the  military  grants  of  lands  to  the  Virginia  officers. 
Committed. 

The  Senate  was  now  full,  and  the  funding  bill  was  taken  up  for 
the  last  time.  I  made  a  despairing  effort. 

Having  almost  uniformly  opposed  the  measures  of  Congress 
during  the  present  session,  some  general  declarations  of  my  prin- 
ciples or  motives  may  be  necessary,  to  prevent  any  suspicion  of  a 
disposition  inimical  to  the  Government  itself. 

First,  then,  I  am  totally  opposed  to  the  practice  of  funding,  upon 
republican  as  well  as  economical  principles.  I  deny  the  power,  as 
well  as  justice,  of  the  present  generation  charging  debts,  more  es- 
pecially irredeemable  ones,  upon  posterity ;  and  I  am  convinced 
that  they  will  one  day  negative  the  legacy.  I  will  suppose  (sup- 
positions are  common  in  this  House)  that  not  one  member  of  Con- 
gress has  been  influenced  by  any  personal  motive  whatever  in  ar- 
ranging the  American  funding  system,  which  now  spins  on  the 
doubtful  point  of  pass  or  not  pass ;  and  as  it  falls  may  turn  up 
happiness  or  misery  for  centuries  to  come.  No ;  I  will  take  gen- 
tlemen at  their  word,  and  believe  that  it  is  the  glare  of  British 
grandeur,  supposed  to  follow  from  her  funds,  that  has  influenced 
their  conduct,  and  that  their  intentions  are  pure,  wishing  to  render 
America  great  and  happy  by  a  similar  system.  This  will  lead  to  an 
iquiry  into  the  actual  state  of  Britain,  and  here,  I  trust,  we  shall 
ind  all  is  not  gold  that  glitters. 

It  is  (if  I  mistake  not)  about  a  century  since  the  commencement 
>f  the  English  funds,  or,  in  other  words,  since  that  nation  began  to 
lortgage  the  industry  of  posterity  to  gratify  the  ambition  and 
ivarice  of  the  then  Government.  Since  that  period,  wars  have 
almost  continual.  The  pretexts  have  been  ridiculous — balance 
>f  power,  balance  of  trade,  honor  of  the  flag,  sovereignty  at  sea, 
but  the  real  object  was  to  fill  the  treasury  to  furnish  oppor- 
17 


258  SKETCHES  OF  DEBATES 

tunity  for  royal  peculation,  jobs,  and  contracts  for  needy  courtiers  -9 
to  increase  the  power  of  the  Crown  by  the  multiplication  of  revenue 
and  military  appointments,  and  the  servility  of  the  funds,  for  every 
stockholder  is,  of  course,  a  courtier.  The  effect  of  these  wars  has 
been  the  commotion  of  almost  the  whole  world ;  the  loss  of  mil- 
lions of  lives  ;  and  the  English  nation  stands  at  this  day  charged 
with  a  debt  of  about  two  hundred  and  fifty  millions  sterling,  the 
annual  interest  of  which,  and  charges  of  collecting  in  that  country  ? 
is  above  eleven  millions  annually,  and  would  be  above  fifteen  in  this. 

It  has  been  said  that  this  is  nothing  in  a  national  point  of  view, 
as  the  nation  owes  it  to  individuals  among  themselves.  This  is 
true  only  in  part,  as  foreigners  draw  great  sums.  Yet  it  is  believed 
that  near  half  a  million  of  the  inhabitants  of  Great  Britain,  includ- 
ing army,  navy,  revenue,  and  stockholders,  are  supported  from  the 
treasury.  The  whole  of  them,  be  the  number  what  it  may,  must  be 
considered  as  unproductive  drones,  who  are  ever  ready  to  support 
administration,  be  it  ever  so  oppressive  to  their  fellow-citizens. 

There  is  another  calculation  said  to  be  much  more  exact,  viz : 
That  near  a  million  of  paupers,  reduced  by  exorbitant  taxes  below 
the  power  of  housekeeping,  are  dependent  on  national  charity  and 
poor  rates.  Great  cry  has  been  made  about  Mr.  Pitt  as  the  political 
savior  of  his  country.  That  he  has  paid  part,  and  will,  finally, 
discharge  the  whole  of  the  national  debt.  This  is  a  vile  deception. 
By  some  management  between  him  and  the  stockholders,  as  he  buys, 
they  raise  the  price  of  the  remaining  stock,  the  aggregate  value  of 
which  is  now  greater,  at  market  price,  than  when  he  began  to  pur- 
chase, so  that  the  nation,  instead  of  gaming,  is  a  loser  to  the  amount 
of  the  new  duties  imposed.  It  is  not  likely  that  the  trading  of 
government  in  stock  or  certificates  ever  will  have  a  different  effect. 

There  is  another  part  of  his  conduct  for  which  I  am  ready  to  give 
him  proper  credit. 

It  is  in  vain  to  expect  the  payment  of  the  British  debt  in  any 
other  way  than  by  a  national  bankruptcy  and  revolution.  Is  this, 
then,  the  precipice  to  which  we  would  reduce  the  rising  nation  of 
North  America.  It  may  be  said  none  of  us  will  live  to  see  it.  Let 
us,  at  least,  guard  our  memories  from  the  reproach  of  such  mis- 
conduct. 

It  may  be  here  asked  :  What  then  is  to  be  done  ? 

Just  what  the  public  expectation  called  for.  The  western  lands 
have  been  considered  from  the  beginning  of  the  late  contest  as  the 
fund  for  discharging  the  expenses  of  the  war.  The  old  Congress 
made  laudable  advances  in  this  way.  The  present  session  has  not 
passed  without  applications  on  that  subject,  as  well  from  companies 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      259 

among  ourselves  as  persons  from  Europe.  We  have  now  a  revenue 
far  exceeding  the  limited  five  per  cent.,  which  was  the  desideratum 
of  the  old  Congress,  and  the  want  of  which  occasioned  the  forma- 
tion of  our  present  constitution,  and  fully  sufficient  to  discharge  a 
reasonable  interest,  proportionate  to  the  market  price  of  the  public 
debt,  until  the  whole  is  extinguished  by  the  western  sales.  Thus 
no  one  will  sustain  loss.  Substantial  justice  will  be  done,  and  the 
public  expectation  will  be  fully  satisfied.  But  to  bind  down  the  pub- 
lic by  an  irredeemable  debt,  with  such  sources  of  payment  in  our 
power,  is  equally  absurd  as  shackling  the  hands  and  feet  with  fetters 
rather  than  walking  at  liberty. 

The  friends  of  the  bill  paid  no  attention  whatever  to  me,  and  were 
but  too  successful  in  engaging  the  attention  of  others  by  nods, 
whispers,  engaging  in  conversation,  &c.  Morris,  Dalton,  and  some 
others  went  out,  and  stayed  for  an  hour.  They  carried  the  bill 
against  us — fourteen  to  twelve.  It  is  in  vain  to  dissemble  the 
chagrin  which  I  have  felt  on  this  occasion. 

We  had  a  resolution  relating  to  Howell's  committee.  I  am  of  the 
committee. 

Report  of  joint  committee  on  settlement  bill  read  for  information, 
but  could  not  be  acted  on,  as  the  bill  is  in  the  power  of  the  lower 
House. 

I  find  I  need  be  under  no  uneasiness  about  the  residence  bill. 

July  22,  1790.  Attended  the  Hall  this  day,  as  much  to  take  the 
wrinkles  out  of  my  face  which  my  yesterday's  disappointment  had 
placed  in  it,  as  for  anything  else.  It  is  in  vain  to  think  of  changing, 
a  vote  any  way.  I  can  be  of  no  further  use,  and  will  absolutely 
leave  them.  It  is  certainly  a  defect  in  my  political  character  that 
I  cannot  help  embarking  my  passions,  and  considering  the  interest 
of  the  public  as  my  own.  It  was  so  while  I  was  at  the  bar,  in  re- 
spect of  my  clients,  when  I  thought  their  cause  just.  Well,  be  it 
so.  It  has  its  inconveniences,  and  hurts  my  health  ;  but  I  declare 
I  never  will  endeavor  to  mend  it. 

Attended  all  the  committees  on  which  I  was,  and  gave  my  opinion 
as  to  the  reports,  &c. 

In  Senate  the  collection  bill  was  reported.  Almost  an  entire  new 
system,  or  the  old  one  so  renovated  as  to  make  a  volume  of  new 
work  for  Congress.  I  listened  an  hour  to  the  reading  of  it.  Rose, 
bade  a  silent  and  lasting  farewell  to  the  Hall,  and  went  to  my  lodg- 
ings for  the  purpose  of  packing. 

The  following  is  written  with  a  different  ink,  and  may  have  been 
written  on  a  subsequent  day. 

And  now  at  last  we  have  taken  leave  of  New  York.  It  is  natural 
to  look  at  the  prospect  before  us. 


260  SKETCHES  OF  DEBATES 

The  citizens  of  Philadelphia  (such  is  the  strange  infatuation  of 
self  love)  believe  that  ten  years  is  eternity  to  them  with  respect  to 
the  residence,  and  that  Congress  will,  in  that  time,  be  so  enamored 
of  them,  as  never  to  leave  them  ;  and  all  this  with  the  recent  exam- 
ple of  New  York  before  their  eyes,  wh'ose  allurements  are  more  than 
ten  to  two,  compared  with  Philadelphia.  To  tell  the  truth,  I  know 
no  so  unsocial  a  city  as  Philadelphia.  The  gloomy  severity  of  the 
Quakers  has  proscribed  all  fashionable  dress  and  amusement.  De- 
nying themselves  these  enjoyments,  they,  as  much  as  in  them  lies, 
endeavor  to  deprive  others  of  them  also ;  while  at  the  same  time 
there  are  not  in  the  world  more  scornful  or  insolent  characters  than 
the  wealthy  among  them.  .  .  .  No  ;  these  feeble  expectations  will 
fail.  Go  they  must. 

Nay,  taking  it  in  another  point  of  view.  Political  necessity  urges 
them,  and  a  disruption  of  the  Union  would  be  the  consequence  of  a 
refusal. 

There  is,  however,  a  further  and  more  latent  danger  which  attends 
their  going.  Fixed,  as  Congress  will  be,  among  men  of  other  minds, 
on  the  Potomac,  a  new  influence  will,  in  all  probability,  take  place, 
and  the  men  of  New  England,  who  have  hitherto  been  held  in  check 
by  the  patronage  and  loaves  and  fishes  of  the  President,  combined 
with  a  firm  expectation  that  his  resignation  (which  is  expected)  will 
throw  all  power  into  their  hands,  may  become  refractory,  and  en- 
deavor to  unhinge  the  Government.  For  my  knowledge  of  the  east- 
ern characters  warrants  me  in  drawing  this  conclusion,  that  they 
will  cabal  against  and  endeavor  to  subvert  any  government  which 
they  have  not  the  management  of. 

The  effect  must  be  sensibly  felt  in  Philadelphia,  should  a  great 
commercial  town  arise  on  the  Potomac.  She  now  supplies  all  the 
over  hills  country,  and  even  the  frontiers  of  Virginia  and  other 
Southern  States,  with  importations.  This  must  cease ;  nor  need 
she  expect  a  single  article  of  country  produce  in  return  from  the 
west  side  of  Susquehanna. 

It  is  true  that  the  genius  of  Virginia  and  Maryland  is  rather 
averse  to  exclusive  commerce.  The  Southern  planter,  situated  on 
his  extensive  domain,  surrounded  with  his  slaves  and  dependents, 
feels  diminution,  and  loses  his  consequence  by  being  jumbled  among 
brokers  and  factors.  And  yet  we  have  seen  what  Baltimore  has 
become,  in  a  few  years,  from  the  small  beginnings  of  a  few  Pennsyl- 
vanians  at  first,  and  afterwards  by  the  accession  of  other  strangers, 
for,  wherever  the  carcass  of  commerce  is,  thither  will  the  eagles  of 
traffic  be  gathered.  For  my  own  part,  I  would  rather  wish  that  the 
residence  of  Congress  should  not  be  subject  to  commercial  influence. 


Lv  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      261 

Too  much  has  that  influence,  conducted  by  the  interest  of  New  Eng- 
land ,  whose  naval  connections  throws  them  into  that  scale ,  governed — 
nay,  tyrannized — in  the  councils  of  the  Union.  My  consolation 
for  going  to  the  Potomac  is :  That  it  may  give  a  preponderance  to 
the  agricultural  interest.  Dire,  indeed,  will  be  the  contest,  but  I 
hope  it  will  prevail.  I  cannot,  however,  help  concluding  that  all 
these  things  would  have  been  better  on  the  Susquehanna.  But, 
quere,is  not  this  selfish,  too  ?  Aye;  but  it  may,  nevertheless,  be  just. 
End  of  journal  of  the  second  session,  and  the  last  at  New  York. 

Mr.  Maclay  has  intimated  that  President  Washington,  during  the 
second  session  of  Congress,  exercised  an  influence  in  favor  of  lo- 
cating the  permanent  seat  of  government  on  the  Potomac.  Wash- 
ington probably  felt  a  strong  desire  in  favor  of  such  a  location,  but 
there  is  no  reasonable  'probability  that  he  used  or  encouraged  any 
means  deemed  by  him  improper  in  order  to  effect  or  promote  it. 
But  Mr.  Maclay  has  not  furnished  any  evidence  that  the  President 
interfered  during  the  first  session  in  favor  of  the  Potomac. 

But  from  the  journal  it  appears  that  the  permanent  seat  might 
then  have  been  fixed  on  the  Susquehanna,  with  the  aid  of  Mr.  Mor- 
ris ;  and  at  Germantown,  with  the  assistance  of  Mr.  Maclay.  So 
it  appears  that  the  permanent  seat  was  lost  to  Pennsylvania  by  a 
want  of  concert,  or  by  reason  of  disagreement,  between  its  own 
Senators. 

The  speculations  of  Mr.  Maclay  as  to  the  effect  upon  Philadel- 
phia of  the  location  upon  the  Potomac,  have  been  futile.  Wash- 
ington has  not  become  "  a  great  commercial  town  ;"  it  has  little  or 
no  foreign  commerce,  but  derives  most  of  its  mercantile  supplies 
from  Baltimore  and  other  more  northern  cities,  and  the  commercial 
interests  of  Philadelphia  have  not  been  materially  impaired  by  the 
southern  location  of  the  seat  of  government.  The  railroads  and 
coal  fields,  the  vast  agricultural  and  manufacturing  operations,  and 
other  industrial  pursuits,  of  the  people  of  Pennsylvania,  have  made 
Philadelphia  a  great  and  prosperous  city,  worthy  of  the  great  State 
in  which  it  is  situate. 

Congress  continued  to  sit  after  the  termination  of  Mr.  Maclay's 
journal  relative  to  proceedings  during  the  second  session,  and  ad- 
journed till  the  first  Monday  of  December,  1790,  then  to  meet  at 
Philadelphia. 


THIRD  SESSION  OF  THE  FIRST  SENATE. 


On  Monday,  the  6th  of  December,  1790,  the  two  Houses  assem- 
bled at  the  city  of  Philadelphia. 

The  Senate  having  assembled,  it  was  ascertained  that  the  Yice 
President  and  thirteen  Senators  were  present,  {Mr.  Maclay  in- 
cluded.) The  Senate  then  received  the  credentials  of  Philemon 
Dickinson,  of  New  Jersey,  in  the  place  of  Governor  Patterson,  re- 
signed, and  of  James  Monroe,  in  the  place  of  William  Grayson,  de- 
ceased. 

The  President,  (Washington,)  in  his  address,  states  that  the  dis- 
trict of  Kentucky,  now  a  part  of  Yirginia,  has  concurred  in  certain 
propositions  contained  in  a  law  of  that  State,  in  consequence  of 
which  the  district  is  to  become  a  distinct  member  of  the  Union,  in 
case  the  requisite  consent  of  Congress  be  added.  For  this  same, 
the  application  is  now  made. 

Mr.  Maclay,  in  his  journal,  proceeds  : 

December  1,  1790.  Late  in  the  afternoon  I  arrived  in  Philadelphia, 
in  order  to  attend  Congress,  which  is  to  meet  on  Monday  next. 
Saw  nobod}-  this  afternoon  nor  evening. 

2.  Dressed,  and  called  first  on  General  Mifflin.  He  was  abroad. 
Then  on  Mr.  Morris,  who  received  me  with  frankness.  Called  on 
the  President,  Clymer,  and  at  Fitzsimmons'. 

Met  with  Mr.  Langdon,  and  went  a  visiting,  in  which  we  spent 
the  forenoon.  Called  in  the  evening  at  McConnell's,  the  broker. 
He  told  me  the  public  creditors  were  very  busy,  under  their  chair- 
man, preparing  petitions,  memorials,  &c.,  for  Congress.  He  readily 
joined  me,  said  it  was  carried  on  to  answer  electioneering  purposes. 

Saturday,  4.  I  have  deliberated  much  on  the  subject,  whether  I 
will  call  to  see  Bingham,  Powell,  and  others.  I  have  called  on 
Morris,  Clymer,  and  Fitzsimmons.  Why  not  on  them  ?  By  the 
rules  of  etiquette,  perhaps,  the}'  should  call  on  me.  I  have  resolved 
all  over  in  my  mind,  Jacta  est  alea,  and  I  will  go.  But  as  I  went, 
I  fell  in  with  Mr.  Clymer,  and  away  we  went  a  visiting.  Clymer 
certainly  means  to  be  on  good  terms  with  me.  We  had  two  long 
visits.  I  culled  :i.t  Bingham's.  Found  him  at  home,  and  had  a  long 

(368) 


264  SKETCHES  OF  DEBATES 

chat.  Took  leave,  and  left  a  card  at  Mr.  Powell's.  Called  at  Mr. 
Chew's,  who  urged  me  to  stay  for  dinner.  I  accepted  his  invitation 
for  two  o'clock,  and  the  rest  of  the  day  was  accordingly  disposed 
of,  for  it  was  past  three  before  we  sat  down. 

I  called  twice  this  day  at  Dr.  Rush's,  but  saw  him  not.  Saw  the 
Speaker.  The  Speaker  said,  on  the  authority  of  Dr.  Rush,  that  we 
would  all  be  reflected.  Believe  it  not. 

Sunday,  5.  Was  sent  for  early  by  Mr.  Morris  on  the  subject  of 
taking  up  frontier  lands.  I  agreed  to  procure  him  a  draft  of  such 
parts  of  the  State  as  had  vacant  lands  in  them.  No  contract  with 
him.  I  mean  to  have  such  a  draft  made  for  the  use  of  the  members 
of  the  Assembly,  or,  at  least,  for  their  information.  Pressed  me  to 
dine  with  him.  Did  so. 

Mr.  Powel  returned  my  visit.     Yisited  Langdon  in  the  evening. 

Monday,  6.  My  brother  informed  me  this  morning  that  Charles 
Thompson  had  applied  to  one  Collins,  a  member  from  Berks,  for 
his  interest  to  obtain  my  place  as  Senator. 

Attended  at  the  Hall  at  eleven.  A  Senate  was  formed,  but  no 
business  done,  save  the  sending  a  message  by  our  Secretary  to  the 
Representatives  that  the  Senate  was  ready  to  proceed  to  business. 
Spent  the  rest  of  the  day  in  visiting. 

December  7.  Attended,  at  eleven,  at  the  Hall.  A  House  was 
formed  by  the  representatives.  On  the  Tth  of  January  last,  King 
had  introduced  a  new  record  altogether  011  the  minutes,  the  inten- 
tion of  which  was  to  secure  the  delivery  of  the  President's  speech 
in  the  Senate  Chamber.  A  resolution  verbatim  with  the  entry  of 
last  January  was  moved,  carried,  and  sent  down  for  concurrence. 
While  this  was  done  with  us,  a  resolution  passed  the  Represent- 
atives for  a  joint  committee  waiting  on  the  President,  with  informa- 
tion that  quorums  were  formed  in  both  Houses.  Our  Secretary  and 
the  clerk  passed  each  other  on  the  stairs  with  their  respective  reso- 
lutions. Each  House  appointed  committees  under  their  own  reso- 
lutions, and  the  committees  met.  The  representatives  urged  that 
it  was  idle  to  name  any  place  to  do  business  in  until  it  was  known 
whether  any  business  would  be  done.  The  President  was  in  our 
favor.  This  silly  thing  kept  us  talking  an  hour  and  a  half.  The 
clerk  of  the  Representatives  announced  the  non-concurrence  of  our 
resolution.  This  had  like  to  have  raised  a  flame,  but  a  motion  was 
at  length  made  and  carried  for  the  concurrence  of  the  resolution 
which  came  up.  The  joint  committee  now  waited  on  the  President, 
who  charged  them  with  information  that  he  would  to-morrow,  at 
twelve  o'clock,  deliver  his  speech  to  both  Houses  in  the  Senate 
Chamber,  and  so  ended  this  arduous  affair.  The  Senate  adjourned. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      265 

The  first  levee  was  held  this  day,  at  which  I  attended. 

8.  This  was  the  day  assigned  for  the  President  to  deliver  his 
speech,  and  was  attended  with  all  the  bustle  and  hurry  usual  on  such 
occasions.  The  President  was  dressed  in  black,  and  read  his  speech 
well  enough,  or  at  least  tolerably.  After  he  was  gone,  and  the  Sen- 
ate only  remained,  our  President  seemed  to  take  great  pains  to  read 
it  better.  If  he  had  such  a  view,  he  succeeded  ;  but  the  difference 
between  them  amounted  to  this  :  one  might  be  considered  as  at  home, 
and  the  other  in  a  strange  company.  The  speech  was  committed. 
Let  me  return  to  the  President.  Does  he  really  look  like  a  man 
who  enters  into  the  spirit  of  his  employment  ?  Does  he  show  that 
he  receives  it  in  trust  for  the  happiness  of  the  people,  and  not  as  a 
fee  simple  for  his  own  emolument  ?  Time  and  practice  will,  perhaps, 
best  elucidate  this  point. 

December  9.  This  day  in  the  Senate  afforded  neither  motion  nor 
debate.  The  communications  hinted  at  in  the  President's  speech 
were  delivered  to  us  and  continued  to  be  read  till  past  two  o'clock, 
when  the  Senate  adjourned. 

A  war  has  been  actually  undertaken  against  the  Wabash  Indians, 
without  any  authority  of  Congress  ;  and  what  is  worse,  so  far  as  in- 
telligence has  come  to  hand,  we  have  reason  to  believe  it  has  been 
unsuccessful.  Mind  what  comes  of  it. 

The  Vice  President,  Mr.  Wyngate,  and  some  more  of  us,  stood 
by  the  fire.  When  the  affairs  of  France  were  talked,  I  said  the  Na- 
tional Assembly  had  attacked  royalty,  nobility,  hierarchy,  and  the 
bastile  altogether,  and  seemed  likely  to  demolish  the  whole.  The 
Vice  President  said  it  was  impossible  to  destroy  nobility — it  was 

founded  in  nature The  Vice  President's 

arguments  were  drawn  from  the  respect  shown  to  the  sons  of  emi- 
nent men,  although  vicious  and  undeserving. 

When  the  parties  had  nearly  exhausted  themselves,  I  asked  whether 
our  Indians  might  not  be  considered  as  having  devised  an  excellent 
method  of  getting  rid  of  this  prejudice  by  ranking  all  the  children 
after  the  mother.  This  sent  off  the  whole  matter  in  a  smile.  Adams, 
however,  either  never  was  cured,  or  is  relapsed  into  his  nobili- 
mania. 

December  10.  This  day  was  unimportant  in  the  Senate.  The 
committees  reported  an  answer  to  the  President's  speech.  The  echo 
was  a  good  one,  and  was  adopted  without  material  amendment. 

A  packet  had  arrived  from  France  some  time  ago,  directed  to  the 
President  and  members  of  Congress.  The  President,  from  motives 
of  delicacy,  would  not  open  it.  It  came  to  the  Senate  and  was  sent 
back  to  the  President,  and  now  returned. opened.  It  contained  a 


266  SKETCHES  OF  DEBATES 

number  of  copies  of  the  eulogiums  delivered  on  Doctor  Franklin, 
by  order  of  the  National  Assembly.  Our  President  looked  over 
the  letter  some  time,  and  then  began  reading  the  additions  that  fol- 
lowed the  President's  name.  He  was  a  Doctor  of  the  Sorbonne, 
&c.,  &c.,  to  the  number  of  fifteen,  (as  our  President  said.)  These 
appellations  of  office  he  chose  to  call  titles;  and  then  said  some 
sarcastic  things  against  the  National  Assembly,  for  abolishing  titles. 
I  could  not  help  remarking  that  this  whole  matter  was  received  and 
transacted  with  a  coldness  and  apathy  that  astonished  me ;  and  the 
letter  and  all  the  pamphlets  were  sent  down  to  the  Representatives, 
as  if  unworthy  the  attention  of  our  body.  I  deliberated  with  my- 
self whether  I  should  not  rise  and  claim  one  of  the  copies  in  right 
of  my  being  a  member.  I  would  only  have  got  into  a  wrangle  by 
so  doing,  without  working  any  change  on  my  fellow  members.  There 
might  be  others  who  indulged  the  same  sentiments,  but  'twas  silence 
all. 

13th.  The  Senate  having  adjourned  over  from  Friday  to  this  day, 
(Monday,)  nothing  of  public  nature  has  taken  place.  I  was  en- 
gaged Saturday  and  this  morning  in  negotiating  the  sale  of  some 
certificates,  which  I  completed,  and  placed  the  money  in  the  bank. 

The  minutes  were  read  about  half  after  eleven,  and  the  committee 
on  the  business  reported  that  the  President  had  appointed  twelve 
to  receive  our  address.  Twelve  soon  came,  and  we  went  on  this 
piece  of  formality,  which  finished  the  senatorial  business  of  the 
day. 

This  day  completed  the  sale  of  Mr.  Harris'  certificates*  at  the 
most  I  could  make  of  them. 

General  Harmer's  Expedition. 

Official  information  was  communicated  to  the  Senate  of  General 
Harmar's  expedition.  The  ill  fortune  of  the  affair  breaks  through 
all  the  coloring  that  is  given  to  it.  'Tis  said  one  hundred  Indians 
have  been  killed.  But  two  hundred  of  our  own  people  have  cer- 
tainly perished  in  the  expedition. 

*  NOTE. — The  certificates  were  those  which  John  Harris,  the  founder  of  Har- 
risburg,  received  for  the  £3,000  he  lent  to  the  Government  immediately  after 
the  declaration  of  independence.  They  were  sold  for  about  seventeen  shill- 
ings and  six  pence  for  the  pound,  the  interest  from  1776  thus  being  lost. 

General  St.  Clair. 

f  NOTE.— After  the  defeat  of  General  Harmar,  General  Arthur  St.  Clair  be- 
came commander-m-chief  of  the  army  designed  to  operate  against  the  Miami 
Indians.  General  Harmar  had  been,  but  a  short  time  before,  defeated. 
When  St.  Clair  was  about  to  leave  to  take  command  of  the  expedition,  Presi- 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      267 

Levee  Day. 

This  was  levee  day,  and  I  accordingly  dressed  and  did  the  need- 
ful. It  is  an  idle  thing,  but  what  is  the  life  of  man  but  folly,  and 
this  is,  perhaps,  as  innocent  as  any  of  them,  as  far  as  respects  the 
persons  acting.  The  practice,  however,  considered  as  a  feature  of 
royalty,  is  certainly  anti-republican.  This  certainly  escapes  no- 
body. The  royalists  glory  in  it  as  a  point  gained.  The  republi- 


dent  Washington  had  a  parting  interview  with  him,  in  which  he  observed, 
you  have  had  your  instructions  from  the  Secretary  of  War.  I  had  an  eye  to 
them.  I  will  add,  "  beware  of  surprise."  You  know  how  Indians  fight.  I 
repeat,  "  beware  of  surprise."  But  St.  Clair  was  surprised  and  was  defeated, 
Washington  refused  to  convene  a  court  of  inquiry,  and  St.  Clair  resigned. 
Congress,  however,  appointed  a  committee  of  investigation,  which  exonerated 
him.  He  afterwards  applied  to  Congress  to  remunerate  him  for  moneys  ad- 
vanced by  him  while  in  the  revolutionary  service.  Whilst  his  matter  was 
before  Congress,  General  Ogle,  of  the  Somerset  district,  in  western  Pennsyl- 
vania, earnestly  and  eloquently  remarked  :  "This  was  a  subject  not  to  be  men- 
tioned in  the  House  in  the  face  of  day ;  the  treatment  of  that  man  ought  to  be 
spoken  of  here  only  in  the  night.  For  his  part,  if  there  was  a  statute  as  strong 
as  brass,  or  as  solid  as  the  pillars  of  the  Capitol,  he  would  blow  it  to  powder 
to  do  justice  to  a  soldier  of  the  Revolution." 

The  above  has  been  taken  from  a  memoir  relative  to  John  Smilie,  long  a 
member  of  Congress  from  the  Fayette  district,  in  Western  Pennsylvania,  by 
the  late  James  Veech,  Esquire,  of  Pittsburgh. 

A  memoir  of  General  Ogle,  by  Doctor  William  Elder,  will  be  found  in 
Putnam's  Magazine  for  June,  1853,  page  661,  &c.  The  following  is  a  part  of 
that  memoir  in  reference  to  a  public  address  by  General  Ogle,  and  which  is 
here  cited  as  illustrative  of  his  strong  common  sense,  and  rude,  impassioned 
eloquence : 

"I  tell  ye,  my  dear  fellows,  we  have  had  the  wool  pulled  over  our  eyes  by 
the  European  writers,  which  we  are  all  the  time  reading.  Of  course  they 
know  no  better  than  to  call  Bonaparte  a  hero,  and  Wellington  another  for 
conquering  him.  That  will  do  for  tother  side  of  the  water,  for  everything  is 
great  or  small  by  comparison.  But  comparing  themselves  with  themselves 
they  are  not  wise  ;  and  they  don't  know  enough  to  discern  the  true  standard. 
Heaven  help  them  to  better  doctrine  and  diet.  They  will  have  such  generals 
as  Washington  and  Jackson,  when  they  have  the  same  occasion  for  them;  and 
when  they  go  to  fighting  for  progress,  instead  of  power,  and  organize  their 
civil  institutions  in  the  faith  of  the  people's  honesty  and  capacity  for  self-gov- 
ernment, fully,  fairly,  and  faithfully,  they  may  put  their  achievements  dowrn 
upon  the  page  of  history  in  parallel  columns  with  us." 

In  relation  to  General  St.  Clair,  it  is  a'dded  that  the  act  of  Congress  in  his 
behalf  failed  by  a  vote  of  fifty  to  forty-eight,  but  the  Legislature  of  Pennsyl- 
vania at  length,  in  his  old  age  and  poverty,  came  to  his  relief  so  far  as  to  pass 
an  act  granting  him  $200,  to  be  paid  immediately,  and  an  annuity  %of  $350  dur- 
ing life,  to  be  paid  half  yearly.  The  act  was  approved  by  Governor  Snyder 
on  10th  March,  1817.  The  old  General  did  not  live  long  to  enjoy  the  benefit 
of  the  enactment.  He  died  in  August,  1818. 

In  1794,  the  Indians  011  the  Miami  were  defeated  by  General  Wayne,  and 
in  the  next  year  a  treaty  was  made  with  them. 


268  SKETCHES  OF  DEBATES 

cans  are  borne  down  by  fashion,  and  a  fear  of  being  charged  with  a 
want  of  respect  to  General  Washington. 

December  15.  This  day  was  really  a  blank  in  the  Senate.  Two 
petitions  were  presented,  which  being  only  counterparts  of  what 
were  expected  to  be  acted  upon  in  the  lower  House,  were  laid  on  our 
table.  Mr.  Morris  was  called  often  out  by  our  own  citizens.  The 
door-keeper  named  the  people  who  sent  in  for  him.  P.  Muhlenburg 
was  one.  Col.  Hartley  was  another.  This  day  certificates  raised 
four  pence  in  the  pound. 

December  18.  Being  Saturday,  and  excessively  cold,  stayed  at 
home  all  day.  Was  visited  by  Madison,  Bishop,  and  White,  and 
many  other  respectable  characters. 

Monday  paid  some  visits.  Attended  at  the  Hall.  Congress  were 
engaged  until  about  three,  with  the  reading  of  a  long  and  most  im- 
prudent memorial  from  the  public  creditors. 

Tuesday,  21.  The  memorial  and  remonstrance  of  the  public  cred- 
itors engaged  us  some  time.  I  saw,  or  at  least  thought  I  saw,  a 
storm  gathering  in  the  countenances  of  the  Senators  yesterday,  and 
moved  an  adjournment.  I  told  Mr.  Morris  of  it,  and  he  agreed  it 
was  so,  and  for  fear  of  this  same  storm,  he  moved  an  adjournment 
this  day.  But  Schuyler  had  a  long  motion  ;  it  concluded  with  the 
danger  and  inexpediency  of  any  innovation  in  the  funding.  A 
variety  of  opinions  were  now  offered  as  to  the  time  of  proceeding 
to-morrow.  .  Thursday  agreed  to  take  it  up.  This  day  the 

Governor  of  our  State  was  proclaimed.  Mr.  Morris  spoke  early  to 
me.  His  words  were  :  I  expect  every  moment  to  hear  from  the  dele- 
gation who  are  now  meeting  to  fix  a  time  to  wait  on  the  Governor, 
and  I  will  let  you  know  of  it.  I  waited,  but  heard  nothing  from 
him. 

December  22.  I  called  this  morning  on  the  Comptroller,  and  he 
was  obliging  enough  to  send  for  Mr.  Smilie,  and  did  my  character 
justice  in  respect  to  sundry  aspersions  cast  on  it  by  Mr.  Finley  and 
Smiley. 

I  cannot  help  wishing  myself  honorably  quit  of  this  enviable  sta- 
tion. What  an  host  of  enemies  has  it  not  raised  about  me,  with 
calumny  and  detraction  in  everv  corner.  Fate  but  grant  me  this, 
that  their  dissentions  and  cabals  may  protract  the  election  until  my 
period  be  expired  ;  and  if  you  find  me  in  this  city  twenty-four  hours 
longer,  inflict  what  insult  you  please  on  me.  Placed  on  an  emi- 
nence, slander  and  defamation  are  the  hooks  applied  to  pull  me 
down.  It  is  natural  to  make  some  efforts  to  disengage  oneself  from 
such  grapplings,  yet  even  the  slightest  endeavor  of  this  kind  is  rep- 
robated as  an  attempt  to  procure  votes. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      269 

December  23.  Attended  at  the  Hall.  Mr.  Morris  was  late  in  com- 
ing. And  now  the  resolution  respecting  the  public  creditors,  or 
rather  in  answer  to  their  memorial,  was  taken  up.  Every  mode  was 
tried  to  let  them  down  eas}%  as  the  phrase  is.  Great  accommoda- 
tion was  tried  to  get  Mr.  Morris  to  come  into  the  measure,  and  it 
really  seemed  more  than  once  that  he  was  satisfied  with  Ellsworth's 
modification  of  the  resolution.  King  offered  a  second,  or,  perhaps, 
I  might  say  a  fourth  one,  which  was  adopted.  Mr.  M.  told  me  he 
would  agree  to  it.  But  a  number  rose  for  the  yeas  and  nays.  Mr. 
Monroe,  of  Virginia,  desired  to  be  excused,  and  was  so.  Mr.  Morris 
was  the  only  nay.  I  was  in  good  humor  myself,  although  I  consid- 
ered the  vote  of  this  day  as  waging  a  war  with  the  public  creditors, 
in  which  I  will  most  probably  lose  my  reelection,  and  was  sorry  to 
see  my  colleague  manifest  such  a  degree  of  peevishness.  He  left 
the  Senate  chamber  immediately  after  the  vote. 

A  vote  for  the  inexpediency  of  altering  the  funding  system  at  this 
time  from  a  person  who  uniformly  opposed  the  system  in  its  passage 
into  a  law  may  seem  to  require  some  apology. 

My  vote  proceeds,  not  from  an  approbation  of  the  funding  sys- 
tem, but  from  a  total  disapprobation  of  the  memorial  now  before  us. 
Upon  republican  principles,  I  hold  the  voice  of  the  majority  to  be 
sacred.  That  the  funding  law  has  obtained  that  majority  is  undeni- 
able, and  acquiescence  is  our  duty ;  but  I  never  will  subscribe  to  a 
blind  and  unalterable  one.  The  making  debts  irredeemable  and  per- 
petual is  a  power  that  I  am  convinced  posterity  will  spurn  at.  The 
western  lands  are  the  natural  fund  for  the  redemption  of  our  na- 
tional debt.  It  is  now  unproductive.  Perhaps,  the  fault  is  ours  that 
it  is  so.  As  soon  as  it  is  otherwise,  I  would  be  happy  to  see  all 
stock  made  strictly  personal,  unalienable,  and  incapable  of  descent, 
or  any  negotiation,  save  commutation  into  lands ;  and  let  it  die  with 
the  obstinate  speculator  who  refuses  such  commutation.  The  stock- 
holder to  any  amount  is  an  unproductive  character.  Worse ;  he  is 
the  tool  of  a  bad  administration.  A  good  one  needs  none.  It  is 
enough  that  we  have  seen  one  generation  of  them.  Let  us  not  per- 
petuate the  breed.  Their  children,  cut  off  from  such  expectations, 
will  be  restored  to  industry. 

It  is  a  fact,  that  the  six  per  cent.'s  are  now  nearly  at  par,  or  at 
least  this  appearance  is  kept  up  among  the  speculators.  An  act, 
passed  hastily  just  at  the  close  of  the  last  session,  directed  the  bor- 
rowing two  millions  of  dollars,  with  design  of  buying  in  the  public 
debt,  and  lessening  it.  The  real  object  was  the  increasing  it,  by 
raising  the  value.  Three  millions  of  florins  have  been  borrowed,  in 


270  SKETCHES  OF  DEBATES. 

pursuance  of  this  law.  The  board  of  purchase,  named  in  the  law, 
completed  their  purchase  of  November  at  about  12/4d  on  the  face, 
and  t/3  arrears.  It  was  natural  to  expect  this  would  be  about  the 
standing  value ;  but  by  one  effort  of  impudence,  par  was  demanded 
in  three  days  on  the  appearance  of  the  Treasurer's  advertisements. 

December  24.  The  papers  full  of  advertisements  this  day,  of  stock 
of  every  kind  for  sale,  and  there  is  no  doubt  but  the  show  of  sales 
nearly  at  par  will  be  kept  up,  in  order  to  save  appearances,  and 
cover  the  advanced  prices  which  are  daily  given  by  the  board  of 
purchases,  through  the  medium  of  the  Treasury. 

This  whole  matter  of  purchasing  in  stock,  to  sink  the  debt,  osten- 
sibly, has  really  no  other  object  but  to  raise  the  value  of  it,  and  so 
to  make  immense  fortunes  to  the  speculators,  who  have  amassed 
vast  quantities  of  certificates  for  little  or  nothing.  I  did  not  think 
it  possible  that  mankind  could  be  so  easily  duped,  and  yet  there 
never  was  a  vainer  task  than  to  attempt  to  undeceive  them. 

Yery  little  done  in  the  Senate  this  day.  Sundry  communications 
were  made  from  the  Representatives,  relating  to  the  settlement  of 
post  St.  Yincennes,  on  the  Wabash.  Which  were  laid  on  our 
table. 

Relative  to  a  National  Bank. 

Yesterday,  the  Secretary's  report  on  the  subject  of  a  national 
bank  was  handed  to  us,  and  I  can  readily  find  that  a  bankjwill  be 
the  consequence.  Considered  as  an  aristocratic  engine,  I  have  no 
great  predilection  for  banks.  They  may  be  considered,  in  some 
measure,  as  operating  like  a  tax  in  favor  of  the  rich,  against  the 
poor,  tending  to  the  accumulating  in  a  few  hands  ;  and  under  this 
view,  may  be  regarded  as  opposed  to  republicanism.  And  yet, 
stock,  wealth,  money,  or  property  of  any  kind  whatever  accumulated, 
has  a  similar  effect.  The  power  of  incorporating  may  be  inquired 
into.  But  the  old  Congess  enjoyed  it.  Bank  bills  are  promissory 
notes,  and  of  course  not  money.  I  see  no  objection  in  this  quarter. 
The  great  point  is,  if  possible,  to  prevent  the  making  of  it  a  machine 
for  the  mischievous  purposes  of  bad  ministers ;  and  this  must  de- 
pend more  on  the  vigilance  of  future  legislators,  than  on  either  the 
virtue  or  foresight  of  the  present  ones. 

December  25.  I  was  this  day  assured  that  the  six  per  cent.'s  were 
above  par.  The  law  for  purchases  allows  the  overplus  money  in 
the  Treasury,  after  satisfying  the  appropriations,  to  be  laid  out  in 
the  purchase  of  certificates,  as  well  as  the  two  millions  of  dollars  to 
be  borrowed  abroad.  It  was  originated  and  passed  after  I  left  New 
York,  and  is  certainly  the  most  impudent  transaction  that  I  ever 


Ix  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      271 

knew  in  the  political  world.  I  regret  my  being  absent  when  it 
passed,  although  my  presence  could  have  had  no  effect  whatever  on 
the  progress  of  it,  further  than  I  would  have  borne  my  testimony 
against  it.  This  nominal  reduction,  is  a  virtual  raising  of  the  whole 
value  of  the  debt.  Something  of  this  kind,  I  have  heard,  is  common 
in  England.  When  Governments  attempt  a  purchase  of  any  kind 
of  stock,  the  holders  of  that  kind  of  stock  never  fail  to  raise  the 
residue.  Hamilton  must  have  known  this  well.  Our  speculators 
or  stockholders  knew  all  this.  They  have  a  general  communication 
with  each  other.  They  are  actuated  by  one  spirit,  or  I  should 
rather  sa}'  by  Hamilton.  Nobody  (generally  speaking)  but  them 
buys  ;  it  is  easy  for  them,  by  preconcert,  to  settle  what  proposals 
they  will  give  in  ;  and  these  being  filed,  the  commissioners  are  jus- 
tified in  taking  the  lowest.  I  Cannot,  however,  help  predicting  that 
when  the  florins  are  out  there  will  be  a  crash,  and  the  stocks  will 
fall. 

December  26.  Being  Sunday,  my  brother  agreed  with  me  that  we 
would  visit  Doctor  Logan.  This  man  has  every  testimony,  both  of 
practice  and  profession,  in  favor  of  his  republicanism.  He  has 
been  in  the  Assembly  of  Pennsylvania,  and  there  had  it  in  his 
power  to  have  formed  a  coalition  with  the  city  interest.  He  hasr 
however,  continued  firmly  attached  to  the  rural  plans  and  arrange- 
ments of  life,  and  the  democratic  system  of  government.  His  motto 
is  vox  populi,  vox  Dei.  But  mottoes  and  professions  now-a-days 
are  as  the  idle  wind,  which  no  one  ought  to  regard  unless  supported 
by  practice ;  and  scarce  can  you  depend  on  practice,  unless  you  see 
it  embracing  interest.  This  has  been,  in  some  degree,  his  case.  We 
had  been  but  a  little  while  with  him,  when  we  were  joined  by  Judge 
Burke,  of  South  Carolina.  This  is  the  very  man  who,  while  in 
New  York,  railed  so  tremendously  against  the  Quakers,  and  against 
Philadelphia,  and  indeed  all  Pennsylvania,  for  having  Quakers. 
But  behold  a  wonder.  Now  he  rails  against  slavery,  extols  Quak- 
ers, and  blazes  against  the  attentions  showed  to  General  Washing- 
ton, which  he  calls  idolatry  ;  and  that  a  party  wish  as  much  to 
make  him  a  king,  as  ever  the  flatterers  of  Cromwell  wished  to  raise 
him  to  that  dignity. 

Doctor  Logan  has  Oswald's  paper  at  his  devotion,  and  I  can  fore- 
see that  Burke  will  discharge  many  of  his  sentiments  through  this 
channel.  Burke  said  many  just  things,  but  he  is  too  new  a  convert 
to  merit  confidence.  I  find,  however,  on  examination,  that  this  is 
the  same  man  who  wrote  against  the  Cincinnati. 

Monday,  27.  Just  as  I  came  out  of  the  door  of  the  Hall,  Hart- 
ley had  fallen,  and  broke  his  arm.  I  was  among  the  first  to  show 


272  SKETCHES  OF  DEBATES 

him  every  attention  that  his  situation  required,  and  the  more  espe- 
cially as  I  have  reason  to  consider  him  as  inimical  to  my  re-appoint- 
ment to  the  Senate  of  the  United  States. 

This  day  produced  nothing  of  consequence  in  the  Senate.  My 
attention  to  Hartley  prevented  my  returning  into  the  Senate 
Chamber. 

Tuesday,  28.  Attended  the  Senate  as  usual.  A  slight  debate 
took  place  respecting  a  law  for  continuing  to  the  States  of  Rhode 
Island,  Maryland,  and  Georgia  the  power  to  levy  certain  duties  of 
tonnage  for  the  purpose  of  repairs  on  their  respective  ports.  The 
bill  was  re-committed,  with  two  additional  members  added  to  the 
committee. 

Levee  Day. 

This  being  levee  day,  I  attended  in  a  new  suit.  This  piece  of  duty 
I  have  not  omitted  since  I  came  to  town,  and,  if  there  is  little  harm 
in  it,  there  cannot  be  much  good.  A  reelection  might  be  among  my 
misfortunes. 

December  29.  This  day  a  blank  in  the  Senate  with  respect  to 
any  business  of  importance.  Mr.  Morris  told  me  I  was  blamed  for 
not  going  among  the  members,  and  speaking  to  them.  One  party 
watch  and  ridicule  me,  if  I  am  seen  speaking  a  word  to  a  member. 
In  order  to  avoid  the  censure  of  them,  I  have  rather  secreted  my- 
self from  the  members,  and  the  fault  is  fixed  on  me. 

I  called  this  evening  at  the  lodging  of  some  of  the  members  who 
were  out.  Fitzsimmons  had  often  said  he  was  at  home  in  the  even- 
ing, and  desired  me  to  call.  I  drank  tea  with  him  and  the  family. 
Sat  a  good  while.  The  chat  was  various.  He  did  not  touch  the 
subject  of  my  reelection.  He  did  not  come  with  me  to  the  door 
when  I  took  leave.  As  much  as  to  say,  I  want  no  private  commu- 
nication. Be  it  so.  If  I  want  helpT  I  need  not  look  to  him  for  it. 
Whatever  is,  is  best ;  and  I  have  little  doubt  that  my  rejection,  if 
it  takes  place,  will  be  best. 

December  30.  Attended  at  the  Hall  at  the  usual  time.  A  com- 
munication from  the  President  respecting  the  prisoners  at  Algiers, 
fourteen  of  whom  only  are  alive,  was  delivered  to  the  Senate.  Read, 
and  committed  to  the  Committee  on  the  Mediteranean  Navigation. 

Did  some  business  about  the  offices.  Called  and  sat  a  good  part 
of  the  evening  with  White,  who  had  two  of  the  Lancaster  members 
with  him.  I  need  say  nothing  more  to  them.  They  now  know  me. 
From  White  I  had  much  information  of  the  whispers,  inuendoes, 
and  malevolent  remarks  made  respecting  me.  It  was  painful,  and 
I  could  not  refrain  demanding  of  him  what  or  whether  any  charge 


UNIVERSITY 

OF 

•&LIFORJ 

— --?rrr.-^-^^s 

IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      273 

was  made  against  me.  No,  no,  nothing  in  particular ;  but  every- 
body says  the  people  don't  like  you.  The  people  won't  hear  of 
your  reelection.  Who  are  they  that  say  so  ?  The  leading  mem- 
bers of  the  Assembly.  Officers  of  the  Land  Office.  Citizens  of 
Philadelphia,  and  others. 

Quere.  Is  not  the  same  spirit  that  dictated  the  ostracism  at 
Athens,  the  petalism  at  Syracuse,  and  similar  measures  in  other 
places,  still  prevalent  in  the  human  mind  and  character  ?  The  true 
oause  of  these  banishments,  whether  by  the  oyster  shell  or  olive 
leaf,  was  really  to  remove  a  blameless  rival  out  of  the  way  of  less 
deserving  competitors  for  office,  by  the  name  and  clamor  of  the 
people,  when  no  other  cause  could  be  alleged  against  him.  In 
this  way  is  there  not,  in  every  free  country,  where  the  competition 
for  office  is  laid  open,  a  constant  ostracism  at  work  on  the  character 
of  every  man  eminent  for  worth  or  talents  ?  These  arts  will  no 
doubt  prevail  on  many  occasions,  but  they  will  not  be  universally 
successful.  When  they  do,  we  must  submit  to  them  as  in  some 
measure  inseparable  from  republicanism. 

December  31.  Attended  the  Senate  this  day,  where  nothing  was 
done  of  any  consequence.  Sundry  papers  relating  to  the  inhabi- 
tants of  post  Vincent  or  Vincennes,  on  the  Wabash,  were  committed. 
I  was  of  the  committee. 

I  went  a  visiting  with  Langdon.  Dined  this  day  with  Mr.  Morris. 
I  can  observe  in  general  rather  a  coolness  of  the  citizens  towards 
me.  Be  it  so.  I  will  endeavor  not  to  vex  myself  much  with  them. 
This  is  the  last  day  of  the  year,  and  I  have  faithfully  noted  every 
political  transaction  that  has  happened  to  me  in  it.  And  of  what 
avail  has  it  been  ?  I  thought  it  possible  that  I  would  be  called  on 
with  respect  to  the  part  I  had  acted  in  Senate,  by  the  Legislature 
of  Pennsylvania,  or  at  least  by  some  of  them.  But  is  there  a  man 
of  them  who  has  thought  it  worth  while  to  ask  me  a  single  ques- 
tion ?  No.  Are  they  not,  every  man  of  them,  straining  after  offices, 
posts,  and  preferments  ?  At  least  every  one  of  them  who  has  the 
smallest  chance  of  success  ?  Yes,  verily  ;  nor  is  there  a  man  who 
seems  to  care  a  farthing  how  I  acted,  but  wish  me  out  to  make  a 
vacancy.  Reward  from  men  it  is  in  vain  to  look  for.  It  is,  how- 
ever, of  some  consequence  to  me  that  I  have  nothing  to  charge  my- 
self with. 

31.  Having  some  leisure  on  hand,  I  have  looked  over  my  min- 
utes for  the  last  month.  It  is  with  shame  and  contrition  that  I  find 
the  subject  of  my  reelection  has  engaged  so  niuch  or,  indeed,  any  of 
my  thoughts.  Blessed  with  affluence,  domestic  in  my  habits  and 
manners,  rather  rigid  and  uncomplying  in  my  temper,  generally  op- 
18 


274  SKETCHES  OF  DEBATES 

posed  in  sentiments  to  the  prevailing  politics  of  the  times,  no  place- 
man, speculator,  pensioner,  or  courtier,  it  is  equally  absurd  for  me 
to  wish  a  continuance  in  Congress,  as  to  desire  to  walk  among  briars 
and  thorns  rather  than  on  a  beaten  road.  It  may  be  said  a  love  for 
the  good  of  my  country  should  influence  my  wishes.  Let  those 
care  to  whom  the  trust  is  committed  ;  but  let  me  never  beg  for  that 
trust  when,  in  my  own  opinion,  I  have  been  of  so  little  service,  and 
have  sacrificed  both  health  and  domestic  happiness  at  the  shrine  of 
my  country.  Nothing  that  I  could  do,  either  by  conversation  o-r 
writing,  has  been  wanting  to  let  men  see  the  danger  which  is  before 
them.  But  seeing  is  not  the  sense  that  will  give  them  the  alarm. 
Feeling  only  will  have  this  effect ;  and  it  is  hard  to  say  how  callous 
even  this  may  be.  Yet  when  the  seeds  of  the  funding  system  ripen 
into  taxation  of  every  kind,  and  upon  every  article ;,  when  the  gen- 
eral judiciary,  like  an  enforcing  engine,  follows  them  up,  seizing  and 
carrying  men  from  one  corner  of  a  State  to  another,  and,  perhaps, 
in  time,  through  different  States,  I  should  not  at  all  be  disappointed 
if  a  commotion,  like  a  popular  fever,  should  be  excited,  and  at  least 
attempt  to  throw  off  these  political  disorders.  Ill,  hfowever,  will 
that  government  be,  under  which  an  old  man  cannot  eke  out  ten  or 
a  dozen  years  of  an  unimportant  life  in  quiet ;  and  may  God  grant 
peace  in  my  day. 

But  as  to  the  point  in  hand,  let  me  now  mark  down  some  rules 
for  my  future  conduct. 

First,  then,  let  me  avoid  anything  that  may  seem  to  savor  of  singu- 
larity or  innovation ;  call  on  and  speak  to  my  acquaintances  as  for- 
merly ;  but  avoiding,  with  the  utmost  care,  the  subject  of  senatorial 
election,  and  everything  connected  with  it.  If  any  other  person  in- 
troduces it,  he  must  be  either  a  real  or  pretended  friend.  Hear  him, 
therefore,  with  complacence  and  even  with  a  thankful  air ;  avoid 
every  wish  or  opinion  of  my  own,  especially  of  the  negative  kind, 
for  everything  of  the  sort  will  hazard  my  sincerity. 

Should  an  election  come  on  while  I  am  in  town,  stay  in  my  place 
during  the  time  of  it ;  and  if  it  should  be  adverse,  a  thing  I  can 
scarce  doubt  of,  immediately  send  in  my  resignation,  as  the  appoint- 
ment of  another  person  must  be  considered  as  unequivocal  proof 
of  my  having  lost  the  confidence  of  the  State.  For  this  purpose, 
let  my  letter  of  resignation  be  ready,  all  to  the  filling  the  date ; 
and  revise  it  while  I  am  cool,  for  it  is  not  unlikely  that,  with  so 
many  eyes  upon  me,  I  may  undergo  some  perturbation  at  the  time. 
Lastly,  have  my  mare  in  readiness ;  and  let  the  first  day  of  my  lib- 
erty be  employed  in  my  journey  homewards.  A  determination  of 
this  kind  is  certainly  right ;  for  I  have  tried,  and  feel  my  own  in- 


IN  THE  FIR- T  SENATE  OF  TIN-;  UNITED  STATES.      275 

significance  and  total  inability  to  give  the  smallest  check  to  the 
torrent  which  is  pouring  down  upon  us.  A  system  is  daily  devel- 
oping itself,  which  must  gradually  undermine  and  finally  destroy 
our  so  much  boasted  equality,  liberty,  and  republicanism.  High 
wages,  ample  compensations,  great  salaries  to  every  person  con- 
nected with  the  Government  of  the  United  States.  The  desired 
effect  is  already  produced ;  the  frugal  and  parsimonious  appoint- 
ments of  the  individual  States  are  held  in  contempt.  Men  of  pride, 
ambition,  talents,  all  press  forward  to  exhibit  their  abilities  on  the 
theater  of  the  General  Government.  This,  I  think,  may  be  termed 
grade  the  first ;  and  to  a  miracle  has  it  succeeded.  The  second  grade 
or  stage  is  to  create  and  multiply  offices  and  appointments  under 
the  General  Government,  by  every  possible  means,  in  the  diplomacy, 
revenue,  judiciary,  and  military.  This  is  called  giving  the  Presi- 
dent a  respectable  patronage — a  term,  I  confess,  new  to  me  in  the 
present  sense  of  it,  which  I  take  to  mean  neither  more  or  less  than 
that  the  President  should  always  have  a  number  of  lucrative  places 
in  his  gift,  to  reward  those  members  of  Congress  who  may  promote 
his  views,  or  support  his  measures  ;  more  especially,  if  by  such  con- 
duct they  should  forfeit  the  esteem  of  their  constituents.  We  talk 
of  corruption  in  Britain.  I  pray  we  may  not  have  occasion  for 
complaints  of  a  similar  nature  here.  Respice  finem,  as  to  the  third. 


January  1,  1T91.  Neither  Congress  nor  the  Legislature  of  the 
State  met  this  day.  I  went  to  settle  some  business  with  the  Comp. 
t roller  of  the  State,  but  he  was  equally  complaisant  to  the  da}r  or  the 
Government.  I  determined  to  do  something  since  I  was  out.  I 
visited  Hartley,  who  lies  ill  with  his  broken  arm.  Just  as  I  passed 
the  President's,  Griffin  called  to  me,  and  asked  whether  I  would 
not  pay  my  respects  to  the  President.  1  was  in  boots  and  had  on 
my  worst  clothes.  I  could  not  prevail  on  myself  to  go  with  him. 
I  had,  however,  passed  him  but  a  little  way,  when  Osgood,  the  Post- 
master General,  attacked  me  warmly  to  go  with  him.  I  was  pushed 
forward  by  him ;  bolted  into  the  presence ;  made  the  President  the 
compliments  of  the  season ;  had  a  hearty  shake  by  the  hand.  I 
was  asked  to  partake  of  the  punch  and  cakes,  but  declined  it.  I 
sat  down,  and  we  had  some  chat.  But  the  diplomatic  gentry  and 
foreigners  coming  in,  I  embraced  the  first  vacancy  to  make  my 
bow  and  wish  him  a  good  morning. 

I  called  next  on  the  Governor  of  the  State,  and  paid  my  com- 
pliments, and  so  came  home  to  my  dinner ;  and  thus  have  I  com- 
menced the  year  1791. 

January  2.  Being  Sunday,  I  stayed  at  home  in  the  forenoon  and 


276  SKETCHES  OF  DEBATES 

attended  at  meeting  in  the  afternoon.  To  worship  once  on  the  day 
devoted  to  the  Deity  is  as  small  a  compliment  as  decency  can  pay 
to  the  religion  of  any  country,  and  a  regard  to  health  will  prefer 
the  after  to  the  forenoon  service,  at  this  season  of  the  year,  as  the 
fire  in  the  stoves  has  had  then  time  to  produce  a  general  effect  in 
warming  the  house.  I  saw  nobody  this  day,  but  received  a  letter 
from  home  by  Col.  Cook. 

January  3.  Being  Monday,  I  attended  at  the  Hall  early,  on  a 
committee  respecting  the  settlers  on  the  Wabash  and  Mississippi. 
The  business  being  tedious,  the  committee  agreed  to  meet  to-mor- 
row, at  ten  o'clock.  .  .  .  We  had  a  communication  from  the  Presi- 
dent, with  some  nominations,  and  one  from  the  Representatives, 
respecting  the  Algerines.  It  was  from  Jefferson.  It  held  out  that 
we  must  either  go  to  war  with  these  piratical  States,  compound 
and  pay  them  an  annual  stipend  and  ransom  our  captives,  or  give 
up  the  trade.  The  report  seemed  to  breathe  resentment,  and 
abounded  with  martial  estimates  in  the  naval  way.  We  have  now 
fourteen  unhappy  men  in  captivity  at  Algiers.  I  wish  we  had  them 
relieved  and  the  trade  to  the  Mediterranean  abandoned.  There 
can  be  no  chance  of  our  wanting  a  market  for  our  produce.  At 
least  nothing  of  the  kind  has  yet  happened. 

This  day  the  bank  bill  reported.  It  is  totally  in  vain  to  oppose 
this  bill.  The  only  useful  part  I  can  act  is  to  try  to  make  it  of 
some  benefit  to  the  public,  which  reaps  none  from  the  existing 
banks. 

January  4.  Tuesday,  attended  early  on  the  committee  on  the 
Wabash  business.  I  could  not  help  remarking  the  amazing  predi- 
lection of  the  New  England  people  for  each  other.  There  was  no 
room  for  debate,  but  good  sense,  and  even  demonstration  herself, 
if  personified,  would  be  disregarded  by  the  wise  men  of  the  East, 
if  she  did  not  come  from  a  new  England  man. 

Several  bills  were  read  this  day,  and  business  proceeded  in  the 
usual  routine  without  any  debate  of  consequence. 

Levee  Day. 

It  was  levee  day.  I  dressed,  and  did  the  duty  of  it.  Handed  a 
petition  of  Mr.  Adlum's  to  Major  Jackson.  Nothing  else  of  conse- 
quence happened.  This  petition  business  carried  me  there,  and  now, 
I  think,  unless  I  am  somehow  called  on,  I  will  never  see  them  more. 

January  5,  Wednesday.  Attended  early  at  the  Hall  to  meet  the 
committee,  but  they  let  me  sit  an  hour  without  attending  me.  Strong 
had  not  made  his  draft  of  a  report,  and  was  busy  at  it  in  the  Secre- 
tary's office,  and  Ellsworth  would  do  nothing  without  him.  But, 
at  last,  both  drafts,  Strong's  and  mine,  were  produced.  I  was  ready 


Ix  THE  FIRST  SKNATK  OF  TIIK  UNITED  STATES.      277 

to  condemn  my  own  when  there  was  a  shadow  of  objection,  but  even 
this  conduct  would  not  excite  a  particle  of  candor.  I,  however, 
cared  but  little,  and  was  so  well  guarded  that  the  smallest  semblance 
of  discontent  did  not  escape  me.  General  Dickerson  came  in.  He 
took  me  to  one  side.  You  have,  said  he,  enemies  in  this  place.  I 
dined  yesterday  with  the  Governor.  He  is  your  enemy.  He  said: 
You  will  be  hard  run,  and  mentioned  Smiley  as  being  your  com- 
petitor. I  thanked  him  for  the  communication,  nor  could  I  do  less, 
however  indifferent  I  might  be  as  to  the  event. 

Thursday,  6.  Nothing  of  consequence  to  the  continent  was 
transacted  this  day,  unless  it  was  the  report  of  the  committee  on 
the  Algerine  business.  The  amount  of  it  was  :  First,  the  trade  of 
the  American  States  in  the  Mediteranean  cannot  be  supported  with- 
out an  armed  force,  and  going  to  war  with  them.  Secondly,  this 
ought  to  be  done  as  soon  as  the  Treasury  of  the  United  States  will 
admit  of  it.  It  is  evident  that  war  has  been  engaged  in  with  the 
Indians  on  the  frontiers  in  rather  an  unadvised  manner,  and  it  is 
also  evident  that  there  is  a  wish  to  engage  us  in  this  distant  war 
with  these  pirates.  All  this  goes  to  increase  our  burden  and  taxes, 
and  these,  in  a  debate  of  this  day,  were  called  the  only  bonds  of 
our  Union.  I  will  certainly  oppose  all  this. 

Dined  this  day  with  Mr.  Biugham.  I  cannot  say  that  he  affects 
to  entertain  in  a  style  beyond  everything  in  this  place,  or,  perhaps, 
in  America.  He  really  does  so.  There  is  a  propriety,  a  neatness,  a 
cleanliness,  that  adds  to  the  splendor  of  his  costly  furniture  and 
elegant  apartments.  I  am  told  he  is  my  enemy.  I  believe  it.  But 
let  not  malice  harbor  with  me.  It  is  not  as  William  Maclay  that  he 
opposes  me,  but  as  the  object  that  stands  in  the  way  of  his  wishes 
and  the  dictates  of  his  ambition. 

January  7.  Attended  Senate  as  usual.  We  reported  a  bill  for 
the  Wabash  and  Illinois  donation.  Sundry  other  things  were  done 
in  the  usual  routine  of  business.  The  Kentucky  bill  was  taken  up. 
I  considered  it  as  so  imperfectly  drawn  with  respect  to  what  was  to 
be  the  boundaries  of  the  new  State,  that  I  opposed  it,  and  there 
was  much  altercation  on  the  subject,  but  entirely  in  the  gentlemanly 
w:i  y.  It  ended  in  a  postponement,  with  the  consent  of  the  Virginia 
member,  Mr.  Monroe. 

Mr.  Morris  stayed  out  all  the  time  of  the  debate.  When  the  Sen- 
ate adjourned,  he  asked  me  to  go  and  eat  pepper-pot  with  him.  I 
agreed,  and  accordingly  dined  with  him  en  familie.  I  cannot  be- 
lieve that  he  is  my  enemy  with  respect  to  my  reelection — the  thing 
is  impossible.  I  chatted  with  the  family  till  near  dark,  and  came 
home,  as  I  had  an  opportunity,  with  Mr.  Hanna. 


278  SKETCHES  OF  DEBATES 

The  human  heart ,  really  a  strange  machine.  I  certainly  have 
severely  felt  the  inconvenience  of  being  from  home  these  two  years 
past,  and  my  judgment  plainly  tells  me  that  I  am  wrong  in  having 
submitted  to  it.  Further,  I  cannot  help  knowing  that  my  reelection, 
with  no  friends  and  many  enemies,  is  impossible  ;  and  yet,  under  all 
these  circumstances,  the  man  who  expresses  favorable  wishes  is  by 
far  the  most  acceptable  to  me.  But,  upon  the  whole,  this  is  right. 
Good  will  ought  to  beget  gratitude  ;  but,  oh,  what  a  recollection  is 
it,  that  under  such  circumstances  I  am  independent ;  or,  in  other 
words,  that  my  manner  of  living  has  always  been  within  my  means. 

Mondajr,  10.  Attended  the  Hall  as  usual.  The  bank  bill  was  the 
order  of  the  day.  I  did  not  embark  deeply,  but  was  up  two  or  three 
times.  The  debates  were  conducted  rather  in  a  desultory  manner. 
The  objectors  were  Izard,  Butler,  and  Monroe.  A  postponement 
took  place. 

Tuesday,  11.  The  bank  bill  taken  up,  and  the  debates  became 
rather  more  close  and  interesting.  I  was  up  several  times,  but  the 
debates  rather  on  collateral  points  than  on  the  substance  of  the  bill. 
The  ostensible  object  held  out  by  Butler  and  Izard  were,  that  the 
public  should  have  all  the  advantages  of  the  bank ;  but  showed  no 
foundation  for  this — no  system — no  plan  or  calculation.  They  were 
called  on  to  show  any,  and  were  promised  support  if  they  could 
show  any  practicability  in  their  system.  Till  after  three  o'clock 
was  the  matter  agitated,  and  a  postponement  broke  up  the  business 
of  the  day. 

Wednesday,  12.  The  bank  was  the  business  of  this  day;  but 
Monroe  called  for  a  postponement  of  the  subject,  and  succeeded. 

A  bill  was  now  called  up  respecting  consuls  and  vice  consuls.  This 
bill  was  drawn  and  brought  in  by  Ellsworth,  and,  of  course,  he  hung 
like  a  bat  to  every  particle  of  it.  The  first  clause  was  a  mere  chaos — 
style,  preamble,  and  enacting  clause,  all  jumbled  together.  It  was 
really  unremendable — at  least  the  shortest  way  to  amend  it  was  to 
bring  in  a  new  one. 

This  same  Ellsworth  is  a  striking  instance  how  powerful  a  man 
may  be  in  some  departments  of  the  mind,  and  defective  in  others. 
All  powerful  and  eloquent  in  debate,  he  is,  notwithstanding,  a  mis- 
erable draughtsman.  The  habits  of  the  bar  and  the  lists  of  litiga- 
tion have  formed  him  to  the  former ;  the  latter  is,  in  a  great  degree, 
the  gift  of  nature. 

I  dined  this  day  with  Mr.  Nicholson.  The  company,  Mr.  Mont- 
gomery, Smiley,  B.  McClenahan,  T.  Smith,  Kittera,  Hamilton,  and 
others.  Desultory  conversation  on  a  variety  of  subjects.  I  left 
them  soon,  for  from  some  hints  it  seemed  as  if  they  meant  to  dis- 


IN  TJIK  FIKST  SENATE  OF  THE  UNITKD  STATUS.      279 

course  of  the  appointment  of  a  Senator,  &c.  But  I  will  not  disgrace 
myself  in  this  business.  Circumstanced  as  I  am,  all  the  caballing 
and  intrigue  I  could  exercise  would  not  be  effectual.  And  suppose 
me  successful,  what  am  I  to  gain?  Pain,  remorse,  vexation,  and 
loss  of  health ;  for  I  verily  believe  that  my  political  wrangles  have 
affected  my  corporeal  feelings,  so  as  to  bring  on,  in  degree,  my 
rheumatic  indisposition.  It  is  a  melancholy  truth,  but  I  see  plainly 
that  even  the  best  men  will  not  emerge  to  office  in  republics  without 
submitting,  either  directty  or  indirectly,  to  a  degree  of  intrigue.  It 
is  not,  perhaps,  so  much  the  case  in  monarchies,  for  even  tyrants 
wish  to  be  served  with  fidelity.  Sed  ubi  plurima  notent  non  ego 
pancis  offendar  maculis. 

Thursday,  January  13.  This  day  the  bank  bill  was  debated,  but 
in  so  desultory  a  manner  as  not  to  merit  the  commitment  of  any- 
thing to  paper. 

This  day  I  dined  with  General  Dickinson.  As  I  went  there,  I 
fell  in  with  Mr.  Morris.  He  told  me  that  great  discontents  pre- 
vailed in  the  General  Assembly,  and  that  they  were  about  to  in- 
struct their  Senators. 

The  dinner  was  a  great  one,  and  the  ladies,  three  only  of  whom 
attended,  were  richly,  or  at  least  fashionably,  dressed.  Nothing  re- 
markable. I  sat  between  two  merchants  of  considerable  note.  I 
broached  the  subject  of  the  bank,  and  found  them  magnetically 
drawn  to  the  contemplation  of  the  moneyed  interest. 

Friday,  14.  This  day,  the  bank  engaged  us  to  the  hour  of  ad- 
journment. It  was  limited  to  twenty  years.  Mr.  Morris  had  yes- 
terday declared,  that  the  public  ought  to  subscribe  on  the  same 
terms  as  other  individuals.  It  was  not  so  in  the  bill.  I  showed 
him  an  amendment  to  this  purpose,  and  asked  him  to  support  me 
in  it.  He  said  Schuyler  had  told  him  that  Hamilton  said  it  must 
not  be  altered,  but  concluded,  I  will  speak  to  Hamilton  about  it, 
Adjourned  over  till  Monday. 

Saturday,  15.  This  a  very  disagreeable  day.  I  stayed  at  home, 
and  read  Price  on  Annuities.  I  find  he  establishes  an  opinion 
which  I  had  long  entertained,  that  women  are  longer  lived  than 
men.  This  I  used  to  charge  to  accidents  and  intemperance.  But 
he  goes  further,  and  seems  to  place  it  in  nature — as  more  males 
than  females  die  in  infancy. 

Sunday,  16.  Went  to  meeting,  and  caught  some  cold,  as  usual. 
Spent  the  residue  of  the  day  in  reading. 

Monday,  17.  This  day  Mr.  Morris  stayed  very  late.  Langdon 
came,  and  complained  of  him :  "  This  alwa}Ts  his  way.  He  never 
will  come  when  there  is  any  debate."  He,  however,  came.  I  asked 


280  SKETCHES  OF  DEBATES 

him  whether  he  had  called  on  Hamilton.  No.  I  said  I  had  a  mind 
to  move  a  re-commitment,  that  the  Secretary  of  the  Treasury  mi^ht 
be  consulted,  and  furnish  the  committee  with  calculations  on  the 
subject,  as  I  had  no  doubt  but  he  had  such.  He  said  he  would 
move  such  a  thing,  but  did  not.  The  question  was  put  on  the 
clause.  Several  said  aye.  I  got  up — spoke  longer  than  I  intended 
— and  made  such  a  motion,  but  my  colleague  did  not  second  me.  I 
was  seconded  by  Butler. 

And  now  such  a  scene  of  confused  speeches  followed,  as  I  have 
seldom  heard  before.  Everyone  affected  to  understand  the  subject,, 
and  undervalue  the  capacities  of  those  who  differed  from  himself 
If  my  mental  faculties  and  organs  of  hearing  do  not  both  deceive 
me,  I  really  never  heard  such  conclusions  attempted  to  be  drawn. 
I  wanted  some  advantage  to  the  United  States.  They  were  to  sub- 
scribe two  millions  specie.  Ellsworth  repeatedly  said,  they  were  to 
do  this  only  as  a  deposit,  and  I  am  convinced  he  wanted  to  deprive 
the  public  of  all  advantage,  save  that  of  safe-keeping,  and  conve- 
nience in  collecting,  which  they  could  derive  from  the  banks  in 
existence,  as  well  as  from  any  new  one.  All  other  persons  had 
the  power  of  subscribing  three  fourths,  in  public  securities.  It  was 
contended  that  this  was  nothing  against  the  public,  although,  it  was 
admitted  on  all  hands,  that  the  six  per  cent.'s  were  now  at  16/  in 
the  pound.  King,  Ellsworth,  and  Strong,  all  harped  on  this  string. 

I  am  now  more  fully  convinced  than  ever  I  have  been,  of  the 
propriety  of  opening  our  doors.  I  am  confident  some  gentlemen 
would  have  been  ashamed  to  have  seen  their  speeches  of  this  day, 
reflected  in  a  newspaper  of  to-morrow.  We  sat  till  a  quarter  after 
three,  and  adjourned  without  any  question  being  put. 

I  know  not  whether  this  fear  of  taking  the  question  did  not  arise 
from  some  pointed  expressions  which  fell  from  me.  I  told  them 
plainly  that  I  was  no  advocate  for  banking  systems.  That  I  con- 
sidered them  as  machines  for  promoting  the  profits  of  unproductive 
men.  That  the  business  of  the  United  States,  so  far  as  respected 
deposits,  could  be  done  in  the  present  banks.  That  the  whole  proCt 
of  the  bank  ought  to  belong  to  the  public,  provided  it  was  possible 
to  advance  the  whole  stock  on  her  account.  I  was  sorry  that  this 
at  present  was  not  possible.  I  would,  however,  take  half,  or  I 
should  rather,  in  the  present  case,  say  one  fifth,  of  the  loaf  rather 
than  no  bread.  But  I  must  remark  that  the  public  was  grossly  im- 
posed on  in  the  present  instance.  While  she  advanced  all  specie, 
individuals  advanced  three  fourths  in  certificates,  which  were  of  no 
more  value  in  the  support  of  the  bank  than  so  much  stubble.  To 
make  this  plain :  Suppose  the  vaults  empty,  and  a  note  presented 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.       281 

for  payment,  would  the  bearer  take  certificates  as  specie?  '  No; 
verily.  Besides,  the  certificates  were  all  under  interest  already,  and 
it  was  highly  unjust  that  other  paper  should  be  issued  on  their 
credit  which  bore  a  premium,  and  operated  as  a  further  tax  on  the 
country. 

Tuesday,  18.  This  day  the  bank  bill  was  taken  up  again.  I  feel 
much  reluctance  to  minute  anything  on  this  subject.  I  never  saw 
the  spirit  of  speculation  display  itself  in  stronger  colors.  Indeed, 
the  guise  of  regard  for  the  interest  of  the  public  was  not  preserved. 
Two  millions  of  specie  is  to  be  subscribed  by  the  public.  This  is  to 
be  the  basis  of  the  bank ;  and  the  other  subscribers,  who  are  to  draw 
dividends  according  to  their  subscriptions,  are  to  pay  three  fourths 
in  certificates.  King  evidently  wanted,  by  a  side  wind,  to  exclude 
the  public  from  any  dividend,  under  an  idea  which  he  strongly  in- 
culcated, that  the  subscription  of  the  public  was  to  be  over  and 
above  the  capital — ten  millions — of  the  bank  ;  and  was  to  be  con- 
sidered as  deposit.  A  position  which  resolves  itself  into  this  :  That 
the  public  should  find  the  specie  to  support  the  bank,  whilst  the 
speculators,  who  subscribe  almost  wholly  in  certificates,  receive  the 
profits  of  the  dividends. 

January  19.  This  day  the  bank  bill  passed  all  through.  The  last 
clause  was  caviled  at.  I  supported  it,  on  the  principle  that  any 
law  containing  a  grant  of  any  kind,  should  be  irrepealable.  Laws 
touching  the  regulation  of  morals,  manners,  or  property,  are  all 
made  on  the  principle  of  experiment,  and  accommodation  to  time 
and  place ;  but  when  legislators  make  grants,  the  deed  should  re- 
main inviolate.  Three  opinions  prevailed  in  Senate  respecting  this 
bill ;  or  rather,  I  should  say,  three  motives  of  action.  The  most 
prevalent  seemed  to  be,  to  accommodate  it  to  the  views  of  the  stock- 
holders, who  may  subscribe.  The  Potomac  interest  seemed  to  re- 
gard it  as  a  machine,  which,  in  the  hands  of  the  Philadelphians, 
might  retard  the  removal  of  Congress.  The  direction  of  it  was 
their  object.  7  really  wished  to  make  it  as  subserviant  to  the 
public  interest  as  possible.  Though  all  professed  this,  yet  I  thought 
few  gave  themselves  any  trouble  to  promote  it.  I  cannot  help  add- 
ing a  sincere  wish,  that  the  integrity  of  the  directors  may  make 
amends  for  the  want  of  it  in  many  of  the  legislators  who  enacted  it. 
For  in  the  hands  of  bad  men,  it  may  be  made  a  most  mischievous 
engine.  But,  indeed,  so  may  even  the  best  of  human  institutions. 

January  20.  The  business  of  this  day  was  the  third  reading  of 
the  bank  bill.  The  same  questions  were  agitated  over  again,  but 
without  heat.  It  was  moved  to  reduce  the  limitation  to  ten  years. 
I  at  one  time  thought  this  long  enough,  but  I  conversed  on  the 


282  SKETCHES  AND  DEBATES 

subject  with  every  moneyed  man  I  could  find,  and  they  uniformly 
declared  that  the}''  would  not  subscribe  on  so  short  a  period ;  and 
the  consequence  would  be  that  they  would  all  join  in  supporting 
the  old  banks  and  bearing  down  the  national  one.  I  sincerely  wish 
to  derive  a  benefit  to  the  public  from  the  bank ;  and  considering 
that  the  public  are,  in  this  respect,  in  the  hands  of  the  moneyed  in- 
terest, I  thought  it  best  to  agree  to  such  bargain  as  we  could  make, 
and  accordingly  voted  against  this,  viz.,  the  motion  to  limit  the  term 
of  the  bank  to  the  year  1801,  instead  of  1811.  Accident  threw  me 
in  company  with  these  men,  but  I  abhor  their  design  of  destroying 
the  bank  altogether.  Mr.  Morris  came  very  late  this  day,  indeed 
not  until  all  the  business  was  over,  but  he  desired  leave  to  have  his 
vote  inserted  on  the  minutes,  which  was  granted  to  him. 

Dinner  with  the  President 

Dined  with  the  President  this  day.  Sundry  gentlemen  met  me 
at  the  door,  and  though  I  rather  declined,  they  pushed  me  forward. 
After  I  had  made  my  bows,  and  was  inclining  toward  a  vacant  seat, 
the  President,  who  rose  to  receive  me,  edged  about  on  the  sofa,  as 
he  sat  down,  and  said,  here  is  room  ;  but  I  had  put  myself  in  motion 
for  another  vacant  seat.  A  true  courtier  would  have  changed,  but 
I  am  not  one,  and  sat  on  the  opposite  settee  or  sofa  with  some  New 
England  men.  At  dinner,  after  my  second  plate  had  been  taken 
away,  the  President  offered  to  help  me  'to  part  of  a  dish  which 
stood  before  him.  Was  ever  anything  so  unlucky.  I  had  just  be- 
fore declined  being  helped  to  anything  more,  with  some  expression 
that  denoted  my  having  made  up  my  dinner.  Had,  of  course,  for 
the  sake  of  consistency,  to  thank  him  negatively.  But  when  the 
dessert  came,  and  he  was  distributing  a  pudding,  he  gave  me  a  look 
of  interrogation,  and  I  returned  the  thanks  positive.  He  soon 
after  asked  me  to  drink  a  glass  of  wine  with  him.  This  was  readily 
accorded  to,  and  what  was  remarkable,  I  did  not  observe  him  drink 
with  any  other  person  during  dinner.  But  I  think  this  must  have 
been  owing  to  my  inattention. 

Giles,  the  new  member  from  Yirginia,  sat  next  me  but  one.  I 
saw  a  speech  of  his  in  the  papers,  which  read  very  well,  and  they 
say  he  delivers  himself  handsomely.  I  was,  therefore,  very  atten- 
tive to  him.  But  the  frothy  manners  of  Yirginia  were  ever  upper- 
most. Canvass  back  ducks,  ham,  and  chickens,  old  Madeira,  the 
glories  of  the  ancient  dominion,  all  amazingly  fine,  were  his  con- 
stant themes.  Boasted  of  personal  prowess,  more  manual  exercise 
than  any  man  in  New  England ;  fast,  but  fine,  living  in  his  country, 
wine  or  cherry  bounce  from  twelve  o'clock  to  night,  every  day  .  . 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      283 

Declared  for  the  assumption  and  excise,  &c.     He  is  but  a  young 
man,  and  seems  as  if  he  always  would  be  so. 

But,  after  this  digression,  let  me  turn  to  the  unexpected  incident 
of  dining  with  the  President,  and  to  his  marked  attention  to  me. 
He  knows  the  weight  of  political  odium  under  which  I  labor.  He 
knows  that  my  uniform  opposition  to  funding  systems,  (at  least,  to 
ours,)  assumptions,  high  compensations,  and  expensive  arrange- 
ments have  drawn  on  me  the  resentment  of  all  the  speculators,  pub- 
lic creditors,  expectants  of  office,  and  courtiers  in  the  State.  There 
is  another  point  which,  I  presume,  he  does  not  know,  viz :  That  I 
will  receive  no  support  from  the  republican  or  opposition  party,  for 
there  is  not  a  man  of  them  who  is  not  aiming  at  a  six  dollar  prize, 
and  my  place  is  the  best  chance  in  the  wheel.  But  he  knows  enough 
to  satisfy  him  that  I  will  be  no  Senator  after  the  3d  of  March,  and 
to  the  score  of  his  good  nature  must  I  place  these  extra  attentions. 
Be  it  so.  It  is,  at  least,  one  amiable  trait  in  his  character. 

The  Appearance  of  the  President. 

I  have,  however,  now  seen  him  for  the  last  time,  perhaps.  Let 
me  take  a  review  of  him  as  he  really  is.  In  stature,  about  six  feet, 
with  an  unexceptionable  make,  but  lax  appearance.  His  frame  would 
seem  to  want  filling  up.  His  motions,  rather  slow  than  lively, 
though  he  showed  no  signs  of  having  suffered  either  by  gout  or 
rheumatism.  His  complexion,  pale — now,  almost  cadaverous.  His 
voice,  hollow  and  indistinct,  owing,  as  I  believe,  to  artificial  teeth 
before  in  his  upper  jaw,  which  occasioned  a  flatness  of • 

The  rest  of  this  description  wanting. 

Friday,  January  21.  This  was  a  day  of  no  great  business  in  the 
Senate.  Colonel  Gunn,  of  Georgia,  wanted  copies  of  the  secret 
journaL  Much  talk  passed  about  his  application.  He  was,  how- 
ever, gratified.  In  fact,  we  have  never  kept  our  journal  agreeable 
to  the  constitution.  All  the  executive  part  has  been  kept  secret 
without  any  vote  for  it.  A  committee  is,  however,  appointed,  and 
the  matter  will  hereafter  be  under  better  regulation. 

We  received  some  lengthy  communications  from  Captain  O'Brien 
and  the  prisoners  at  Algiers.  A  committee  of  the  Senate  some 
time  ago  recommended  a  war  with  them.  War  is  often  entered  into 
to  answer  domestic,  not  foreign,  purposes.  I  fear  such  was  the  de- 
sign of  the  present  report.  It  was  even  talked  how  many  ships 
should  be  fitted  out,  and  of  what  force.  But  O'Brien  seems  to  show 
plainly  that  a  peace  may  be  obtained  on  easy  terms  by  furnishing 
them  with  naval  stores.  We  have  it  plainly  also  from  his  letters 
that  the  French,  Danes,  and,  above  all,  the  British  have  done  us  all 


284  SKETCHES  OF  DEBATES 

the  injury  in  their  power  with  the  Algerines.  In  fact,  all  who  are 
at  peace  with  them  are  decidedly  against  us,  and  have  done  us  all 
the  disservice  they  could.  The  former  report  was  re-committed,  and 
these  papers  referred  to  them. 

Mr.  Morris  came  late,  and  left  us  soon.  We  adjourned  at  about 
half  after  two  o'clock.  George  Robinson,  one  of  the  clerks  of  the 
Treasury,  returned  from  New  York,  where  he  had  been  sent  by  the 
Secretary.  Among  his  letters  he  pointed  to  a  packet,  and  said  it 
contained  ninety  thousand  dollars.  How  can  I  help  believing  that 
speculation  was  the  object  of  his  journey. 

Saturday,  22.  The  Speaker  of  the  House  of  Representatives  (of 
Pennsylvania)  called  on  me  yesterday,  asked  me  to  go  and  visit  with 
him  this  day.  I  agreed,  and  called  at  his  house  about  ten.  He  was, 
however,  gone.  His  House  sat  this  da}^,and  this  will  be  his  excuse. 
I  went  to  the  Chamber  of  the  State  Representatives.  The  resolu- 
tions against  the  excise  were  the  order  of  the  day,  and  were  passed 
by  a  great  majority.  The  arguments  were  not  important,  nor  strik- 
ing. Some  ill-nature  was  expressed  by  Mr.  Finley,  against  a  Mr. 
Evans.  I  feel  sincere  pleasure  that  so  much  independence  has  been 
manifested  by  the  yeomanry  of  Pennsylvania.  Indeed  I  am  fully 
satisfied  that  if  a  spirit  of  this  kind  was  not  manifested  from  some 
quarter  or  another,  our  liberties  would  soon  be  swallowed  up.  I 
trifled  away  the  rest  of  the  day.  Much  as  was  said  in  the  Chamber 
of  Representatives,  they  seem  totally  ignorant  of  the  principle  that 
seems  to  actuate  the  adherents  of  Hamilton.  Taxes  originally 
flowed  from  necessity.  Ways  and  means  follow  unavoidable  ex- 
pense. Here  the  system  seems  reversed.  The  ways  and  means  are 
obvious  to  every  reader  of  a  register  of  European  taxes.  We  have 
lands,  slaves,  and  cattle,  and  every  article  of  European  or  Asiatic 
convenience  or  luxury  is  used  among  us.  The  difficulty  is  to  find 
plausible  pretext  for  extending  the  arm  of  taxation,  and  ways  and 
means  to  consume  the  collected  treasures  ;  and  the  reigning  party 
seem  to  consider  themselves  as  wanting  in  duty,  if  the  fiscal  rent- 
roll  should  fall  short  of  the  royal  revenues  of  England. 

Sunday,  23.  I  had  firmly  devoted  this  day  to  my  family,  in  the 
way  of  writing  letters,  but  just  as  I  had  adopted  the  resolution,  a 
message  was  brought  me  from  Governor  Langdon,  to  go  with  him 
to  meeting.  This  I  could  not  refuse.  Before  I  was  half  dressed, 
I  received  a  polite  note  from  Mr.  Morris,  to  be  one  of  his  friends 
at  a  family  dinner,  and  this  I  could  not  refuse ;  and  before  I  had 
quite  dressed,  Langdon  called  on  me.  We  attended  at  Arch  Street 
Meeting. 


IN  THE  FIRST  SENATE  OF  THE  UXITKD  STATES.      285 

Dined  with  Mr.  Morris.  The  company,  Judge  Wilson,  Governor 
St.  Clair,  General  Butler.  General  Irwin  was  expected,  but  did 
not  como.  We  were  sociable,  and  I  sat  later  than  I  usually  do. 

Monday,  24th  January.  This  day  voluminous  communications 
were  introduced  by  Secretary  Lear.  A  volume  of  a  letter  from 
Doctor  O'Fallon  to  the  President,  avowing  the  raising  a  vast  body 
of  men  in  the  Kentucky  country  to  force  a  settlement  in  the  Yazoo 
country  ;  the  state  of  Indian  affairs,  both  in  the  southern  and  gov- 
ernment northwest  of  the  Ohio ;  the  translation  of  all  which  was 
a  want  of  more  troops. 

The  Ten  Miles  Square. 

But  the  most  singular  of  all  was  a  proclamation  for  running  lines 
of  experiment  for  the  ten  miles  square.  The  message  accompany- 
ing the  proclamation  calls  for  an  amendatory  law,  permitting  the 
President  to  locate  lower  down,  and  to  lay  half  of  the  square  in 
Virginia.  This  seems  like  unsettling  the  whole  affair.  I  really  am 
surprised  at  the  conduct  of  the  President.  To  bring  it  back,  at  any 
rate,  before  Congress  is  certainly  the  most  imprudent  of  all  acts. 
To  take  on  him  to  fix  the  spot  by  his  own  authority,  when  he  might 
have  placed  the  three  commissioners  in  the  post  of  responsibility, 
was  a  thoughtless  act.  I  really  think  it  not  improbable  that  oppo- 
sition may  find  a  nest  to  lay  her  eggs  in,  from  the  unexpected  man- 
ner of  treating  this  subject.  The  general  sense  of  Congress  cer- 
tainly was  that  the  commissioners  should  fix  on  the  spot,  and  it 
may  be  a  query  whether  the  words  of  the  law  will  warrant  a  differ- 
ent construction.  The  commissioners  now  are  only  agents  of  de- 
marcation, mere  surveyors  to  run  four  lines  of  fixed  courses  and 
distances. 

Sold  my  stock  :  six  per  cent.'s  at  seventeen  shillings  four  ;  deferred 
and  three  per  cent.'s  at  nine. 

Mr.  Brown,  of  Northampton,  called  on  me,  and  told  me  that 
Muhlenberg  was  very  busy  in  giving  oyster  suppers,  &c.,  and 
seemed  to  think  that  I  should  go  more  among  the  members,  &c.  I 
find  that  I  will  offend  him  and  some  others  if  I  do  not.  But  it  is 
a  vile  commerce,  and  I  detest  this  beast  worshipping.  How  melan- 
choly a  thing  is  it  that  the  liberties  of  men  should  be  in  the  hands 
of  such  creatures — I  cannot  call  them  men.  But  Brown  seemed  to 
think  that  Muhlenberg  had  made  an  impression  on  the  Governor  or 
some  of  them.  Be  it  so. 

I  went  and  called  on  a  number  of  the  members  of  Assembly,  and 
Senators — all  seemed  fair  and  smooth.  Some  of  them,  indeed,  said 
expressly  that  they  would  support  me  at  the  ensuing  election,  be- 


286  SKETCHES  OF  DEBATES 

lieving  that  to  be  the  object  of  my  visit,  as  it,  in  some  measure, 
was.     Sed  nulla  fides  fronti  may  be  applied  to  many  of  them. 

The  bill  regulating  consuls  and  vice  consuls  had  the  second  read- 
ing this  day. 

A  letter  from  the  National  Assembly  of  France  on  the  death  of 
Doctor  Franklin  was  communicated  from  them,  and  received  with 
a  coldness  that  was  truly  amazing.  I  cannot  help  painting  to  my- 
self the  disappointment  that  awaits  the  French  patriots,  while  their 
warm  fancies  are  figuring  the  raptures  that  we  will  be  thrown  into 
on  the  receipt  of  their  letters,  and  the  information  of  the  honors 
which  they  have  bestowed  on  our  country  man,  and  anticipating  the 
complimentary  echoes  of  our  answers,  when  we,  cold  as  clay,  care 
not  a  fig  about  them,  Franklin,  or  freedom.  Well  we  deserve — what 
do  we  deserve  ? 

January  27.  This  day  communications  were  received  from  the 
President  of  the  United  States,  relating  to  Indian  depredations.  A 
post  on  the  Muskingum  cut  off.  The  wishes  of  many  people  are 
gratified  to  involve  us  in  war.  To  involve  us  in  expense,  at  any 
rate,  seems  to  be  the  great  object  of  their  design.  It,  perhaps, 
would  be  unjust — perhaps,  cruel — to  suppose  it.  But  had  a  system 
been  needed  to  involve  us  in  the  depth  of  difficulties  with  the  In- 
dians, none  better  could  have  been  devised. 

Last  year,  at  New  York,  much  altercation  happened  whether  a 
discrimination  in  the  duties  of  tonnage  should  not  be  made  in  favor 
of  foreign  nations  in  treaty  with  us.  This  measure  was  lost,  al- 
though, in  my  opinion,  a  just  one.  The  court  of  France  remonstrates 
against  the  duties,  expecting  favors  as  a  nation  in  treaty.  Some 
gentlemen,  on  the  receiving  the  communications,  affected  recanta- 
tion publicly,  and,  by  these  very  means,  obtained  themselves  to  be 
put  on  the  committee.  This  day  they  report  against  the  claims  of 
France. 

When  the  matter  of  no  discrimination  was  carried  in  Congress 
in  our  first  session,  I  could  hardly  suppress  a  thought,  which  I  felt 
ready  to  spring  up  in  my  mind,  that  some  persons  wished  to  destroy 
the  confidence  between  us  and  France,  and  bring  us  back  to  the  fish 
(or  flesh)  pots  of  British  dependence.  This  I  charge  to  the  influ- 
ence of  the  city  of  New  York,  but  Philadelphia  has  not  altered  the 
tenor  of  their  political  conduct. 

Ellsworth  could  not  rest  a  moment  all  this  day.  He  was  out,  and 
in  and  out,  all  on  the  fidgets.  Twice  or  thrice  was  an  adjournment 
hinted  at,  and  as  often  did  he  request  that  it  might  be  withdrawn, 
expecting  the  excise  bill  to  be  taken  out.  But  he  had  to  bear  his 
impatience.  Three  o'clock  came  before  the  bill.  I  can  see  that  he 
will  stand  foremost  in  the  gladiatorial  list. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      287 

Friday,  28.  The  excise  bill  came  up;  but,  oh,  what  a  mistake. 
It  is  only  a  bill  for  discontinuing  certain  duties,  and  laying  others 
in  their  stead.  The  odious  name  is  omitted,  but  the  thing  is  the 
same1.  It  was  read  and  ordered  to  the  press. 

The  report  of  the  committee  on  the  difference  with  the  Court  of 
France  was  taken  up.  Almost  everybody  gave  it  against  the  French 
demands.  I  differed  from  them  on  some  points  ;  but  as  I  could  not 
obtain  a  sight  of  the  papers,  I  joined  in  the  motion  for  postpone- 
ment, which  was  carried. 

Saturday,  29.  Called  twice  this  day  at  the  office  of  our  Secretary 
to  get  the  French  papers.  Otis  says  Carroll  took  them  away.  Went 
to  hear  the  debates  in  the  State  Senate.  The  resolutions  for  in- 
structing the  Senators  had  been  postponed  yesterday,  expressly  for 
the  purpose  of  obtaining  a  sight  of  the  bill,  which  is  in  its  passage 
through  Congress.  But  the  same  men  pushed  for  a  decision  this 
day.  The  State  has  now  an  opportunity  of  seeing  the  benefit  of 
two  Houses.  The  division  was  nine  to  eight.  The  yeas  and  nays 
were  called.  Graff,  of  Lancaster,  was  going  home.  This  was  the 
reason  of  pushing  the  vote  this  day.  Assemblymen  and  Senators 
may  be  equally  considered  as  Representatives  of  the  people.  From 
the  division  of  the  two  Houses,  the  voice  of  the  people  appears  to 
be  unequivocally  against  an  excise. 

Sunday,  30.  Not  well  this  day,  and  stayed  at  home  most  of  the 
day.  Went,  in  the  evening,  to  the  funeral  of  Judge  Bryan.  This 
man  rests  from  his  labors.  He  had  the  qualities  of  industry  and 
love  of  freedom.  He  was  the  father  of  the  abolition  law.* 

Monda}r,  the  excise  bill  read  a  second  time  ;  but  the  bill  not  being 
in  our  hands,  it  was  made  the  order  of  the  day  for  Wednesday. 

The  affair  of  the  French  discontents  taken  up.  God  forgive  me 
if  I  wrong  some  people ;  but  there  certainly  have  been  more  censo- 
rious conclusions  than  to  charge  some  people  with  a  design  of  break- 
ing our  connexion  with  France. 

When  or  how  will  all  these  mad  measures  lead  us  ?  We  hear  it 
ever  in  our  ears,  that  the  present  General  Government,  with  respect 
to  the  persons  who  compose  it,  contains  the  collected  wisdom  and 
learning  of  the  United  States.  '  It  must  be  admitted  that  they  have 
generally  been  selected  on  account  of  their  reputation  for  knowl- 
edge, either  legal,  political,  mercantile,  historical,  &c.  Newspapers 
are  printed  in  every  corner.  In  every  corner  ambitious  men  abound, 
for  ignorance  or  want  of  qualification  is  no  bar  to  this  view. 

*  NOTE.— Meaning  the  Pennsylvania  act  of  1st  March,  1780,  for  the  abolition 
of  slavery. 


288  SKETCHES  OF  DEBATES 

Friday,  28.  He  states  that  the  excise  bill  for  discontinuing  cer- 
tain duties,  and  laying  others  in  their  stead,  was  taken  taken  up ; 
was  read  ;  and  ordered  to  the  press. 

Tuesday,  1st  February.  This  day  I  had  much  to  say  against  the 
report  of  a  committee  which  went  to  declare  war  against  the  Al- 
gerines.  It  is  not  suspicion  that  the  designs  of  the  court  are  to 
have  a  fleet  and  army.  The  Indian  war  is  forced  forward  to  justify 
our  having  a  standing  army,  and  eleven  unfortunate  men,  now  in 
slavery  in  Algiers,  is  the  pretext  for  fitting  out  a  fleet  to  go  to  war 
with  them.  While  fourteen  of  these  captives  were  alive,  the  bar- 
barians asked  about  $35,000  for  them ;  but  it  is  urged  that  we  should 
expend  half  a  million  of  dollars  rather  than  redeem  these  unhappy 
men.  I  vociferated  against  the  measure,  and,  I  suppose,  offended 
my  colleague.  This  thing  of  a  fleet  has  been  working  among  our 
members  all  the  session.  I  have  heard  it  break  out  often. 

Wednesday.  The  excise  bill  read  over,  and  remarked  on,  and 
committed  to  five  members.  I  gave  notice  that  I  would  endeavor 
to  show  that  a  much  lower  duty  would  answer  the  demand  of  the 
Secretary.  I  spoke  to  sundry  of  the  members  to  second  a  general 
postponement  for  the  session,  but  not  a  man  approved  of  any  such 
thing. 

Thursda}^,  3d  February.  This  day  was  unimportant  in  the  Sen- 
ate. No  debate  of  consequence  took  place.  I  was  called  off  the 
street  to  dine  with  a  Quaker  at  about  two  o'clock.  As  he  seemed 
very  friendly,  I  eat  heartily  of  a  good  dinner,  and  was  perfectly 
easy ;  much  more  than  I  could  say  of  the  great  dinners  where  the 
candles  are  ready  to  be  brought  in  with  the  going  out  of  the  last 
dishes.  This  high  life  is  really  very  distant  from  nature.  All  is 
artificial. 

Friday,  4th  February.  This  day  we  had  a  large  report  from  the 
Secretary  of  State  transmitted  to  us  from  the  House  of  Represent- 
atives respecting  the  fisheries  of  New  England.  The  great  object 
seems  to  be  the  making  them  a  nursery  for  seamen,  that  we,  like  all 
the  nations  of  the  earth,  may  have  a  navy.  We  hear  every  day  dis- 
tant hints  of  such  things  as  these.  In  fact,  it  seems  we  must  soon 
forego  our  republican  innocence,  and,  like  all  other  nations,  set  apart 
a  portion  of  our  citizens  for  the  purpose  of  inflicting  misery  on  our 
fellow  mortals.  This  practice  is  felony  to  posterity.  The  men  so 
devoted  are  not  only  cut  off,  but  a  proportionate  share  of  women 
remain  unmatched.  Had  the  sums  expended  in  war  been  laid  out 
in  meliorating  the  kingdom  of  England  or  any  other  modern  gov- 
ernment, what  delightful  abodes  might  they  have  been  made. 
Whereas,  war  leaves  only  traces  of  desolation. 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES. 

Saturda}',  5th  February.  No  report  from  the  committee.  It  was 
agreed  to  that  the  powers  of  the  inspectors  should  extend  only  to 
importations  and  distillations,  but  I  find  Hamilton  will  have  even 
this  modified  to  his  mind. 

7th  February.  There  certainly  is  a  design  of  quarreling  with 
France,  and  that  Jefferson  should  seem  to  countenance  this.  What 
can  this  mean  ?  I  am  really  astonished  at  all  this.  I  think  I  must 
be  mistaken,  and  yet  to  think  so  is  to  disbelieve  my  senses.  And 
what  can  I  do  ?  I  have  attempted  everything  and  effected  nothing, 
unless  it  be  to  render  myself  an  object  of  aversion.  For  well  in- 
deed speaks  the  poet : 

Truths  would  you  teach,  or  save  a  sinking  land, 
All  fear,  none  aid  you,  and  few  understand. 

Tuesday,  8th  February.  The  Senate  met.  The  appropriation  bill 
had  the  last  reading. 

There  was  a  pause  about  taking  up  the  excise  bill,  like  people 
pausing  on  the  brink  of  a  precipice,  afraid  to  take  the  dangerous 
leap.  However,  it  was  at  length  attempted,  and  we  blundered 
along  to  the  fourth  section.  Objections  had  been  made  to  this  sec- 
tion, and  it  was  expected  the  committee  would  alter  it.  They  have 
done  so  with  a  vengeance.  It  now  runs  that  there  shall  be  an  in- 
spector general  over  a  district,  the  district  to  be  divided  into  sur- 
veys and  an  inspector  to  be  set  over  each  survey,  who  shall  appoint 
people  under  him  to  do  the  business.  As  many  of  them  to  be  ap- 
pointed as  the  President  shall  think  proper,  and  he  shall  pay  them, 
too.  The  members,  by  degrees,  stole  away.  The  men  who  did  so 
showed  their  disapprobation  in  their  looks.  It  is  in  vain.  Our 
Government  cannot  stand.  All  my  opposition  has  been  considered 
as  vain  babbling.  But  to  get  quit  of  it,  in  some  degree,  the  busi- 
ness of  commitment  has  taken  place,  and  now  the  majority  have  a 
kind  of  scape  goat  in  the  committee,  and  a  pretext  for  following 
them  and  disregarding  opposition,  under  the  idle  idea  of  their 
•knowing  best,  having  consulted  Hamilton,  &c.,  &c. 

Wednesday  9th  February.  The  excise  bill  has  passed,  and  a 
pretty  business  it  is.  The  ministry  foresee  opposition,  and  are  pre- 
paring to  resist  it  by  a  band,  nay  a  host,  of  revenue  officers.  It  is 
put  in  the  power  of  the  President  to  make  as  many  districts,  appoint 
as  many  general  surveyors  and  as  many  inspectors  of  survey  as  he 
pleases,  and  thus  multiply  force  to  bear  all  down  before  him,  War 
and  bloodshed  is  the  most  likely  consequence  of  all  this.  Congress 
may  go  home.  Mr.  Hamilton  is  all  powerful,  and  fails  in  nothing 
which  he  attempts.  Little  avail  as  I  was  sure  it  would  be  of,  I  nev- 
ertheless endeavored  not  to  be  wanting  in  my  duty,  and  told  them 
19 


290  SKETCHES  OF  DEBATES 

plainly  of  the  precipice  which  I  considered  them  as  having  ap- 
proached ;  that  the  Legislature  of  Pennsylvania  had  been  obliged 
to  wink  at  the  violation  of  her  excise  laws  in  the  western  parts  of 
the  State,  ever  since  the  Revolution  ;  that,  in  my  opinion,  it  could 
not  be  enforced  by  collectors  or  civil  officers  of  any  kind,  be  they 
ever  so  numerous,  and  that  nothing  short  of  a  permanent  military 
force  could  effect  it.  This,  for  aught  I  knew,  might  be  acceptable 
to  some  characters.  I  could  only  answer  for  myself,  that  I  did  not 
wish  it  and  would  avoid  every  measure  that  tended  to  make  it  ne- 
cessary. 

Thursday,  10th  February.  Some  letters,  however,  have  come  in 
since  yesterday,  from  New  England ;  and  Strong  was  willing  to 
move  the  reductions  which  we  wanted.  After  the  bill  was  read  over 
and  ready  for  the  question,  Foster,  from  Rhode  Island,  moved  a  re- 
duction of  three  cents  on  the  distillations  from  molasses,  &c.  I 
rose  and  seconded  him,  on  condition  of  his  extending  the  motion 
through  all  the  distillations  in  the  United  States,  and  a  reduction  to 
forty  cents  on  the  contents  of  stills. 

King  objected  to  the  lessening  of  the  ratio,  as  productive  of  defi- 
ciencies in  the  revenue  demanded.  I  showed,  in  answer,  that  the 
importations  into  the  port  of  Philadelphia,  and  the  sum  expected 
from  the  stills  in  this  State,  would  go  a  great  way  towards  raising 
one  half  of  the  $826,000  demanded  by  the  Secretary. 

Ellsworth  answered,  with  rudeness,  that  I  was  mistaken — that  the 
Secretary  demanded  a  million  and  a  half.  I  replied  by  reading  part 
of  the  Secretary's  report,  which  confirmed  the  position  I  had  made, 
and  repeated  my  other  arguments.  He  did  not  reply. 

At  half  after  three,  the  question  was  ready  to  be  put.  Henry,  of. 
Maryland,  told  me  he  had  a  bet  depending  with  Butler  on  the  divis- 
ion of  the  House,  and  desired  the  yeas  and  nays.  I  needed  not  this 
excuse,  and  called  sharply  for  the  yeas  and  nays.  Vv7ith  all  their 
strength,  they  were  startled ;  and  up  got  King,  and  round  and  round, 
and  about  and  about ;  one  while  commit ;  then  recommit ;  then  post-' 
pone.  Ellsworth,  too,  had  the  world  and  all  to  say  ;  and  now,  in 
fact,  they  are  afraid  of  the  figure  they  have  raised ;  and  the  fourth 
section  was  recommitted. 

llth  February.  I  find  this  day  that  the  reason  of  recommitting 
the  excise  bill  was  to  enable  Hamilton  to  come  forward  with  some 
new  schemes.  Three  new  clauses  were  brought  forward,  and  all 
from  the  treasury.  The  obnoxious  one  (at  least  to  me)  was  the 
putting  it  in  the  power  of  the  President  to  form  districts  by  cutting 
up  States,  so  as  to  pay  no  respect  to  their  boundaries.  This  was 
curiously  worded.  For  fear  of  the  little  States  taking  any  alarm > 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.       291 

it  stood,  by  adding,  "  from  the  great  to  the  lesser  States."  This 
thing  they  got  adopted.  And  having  been  successful  so  far,  King 
got  up  and  talked  about  it  and  about  it.  He  wanted  the  United 
States  divided  into  a  number  of  districts,  independent  of  any  of  the 
State  boundaries.  Like  an  Indian  at  the  war  post,  he  wrought  him- 
self into  a  passion — declared  that  we  had  no  right  to  pay  any  more 
attention  to  the  State  boundaries  than  to  the  boundaries  of  the  Cham 
of  Tartary. 

Up  got  Ellsworth  and  echoed  most  of  what  he  said ;  but  said  he 
wished  only  three  great  districts,  and  the  President  might  subdivide 
each  into  six. 

When  he  had  done,  up  got  Mr.  Morris,  and  declared  himself  in 
sentiment  with  Mr.  King,  and  spoke  against  the  conveniency  of  the 
State  boundaries. 

King  rose  again,  repeated  his  old  arguments,  and  wished  for  an 
opportunity  for  taking  a  question  on  the  principle  of  dividing  the 
United  States,  without  any  regard  to  their  boundaries.  At  length, 
out  of  his  pocket  comes  a  resolution.  It  imported  that  the  United 
States  should  be  divided  into  six  districts — two  east  of  the  Hudson, 
two  from  that  to  the  Potomac,  and  two  from  that  southwest  ward, 
or  words  to  that  import ;  and  that  the  President  should  sub-divide 
these  into  surveys,  &c.  This  pretty  system  was,  after  all,  nega- 
tived. 

Annihilations  of  the  State  governments,  is  undoubtedly  the  ob- 
ject of  these  people.  The  late  conduct  of  our  State  Legislature,  has 
provoked  them  beyond  all  bounds.  They  have  created  an  Indian 
war,  that  an  army  may  spring  out  of  it,  and  the  trifling  affair  of 
our  having  eleven  captives  at  Algiers,  (who  ought  long  ago  to  have 
been  ransomed,)  is  made  the  pretext  for  going  to  war  with  them, 
and  fitting  out  a  fleet.  With  these  two  engines,  and  the  collateral 
aid  derived  from  an  host  of  revenue  officers,  farewell  freedom  in 
America.  Gently,  indeed,  did  I  touch  it  in  argument ;  but  is  not 
a  motion  for  the  destruction  of  the  individuality  of  the  States, 
treason  against  the  duty  of  a  Senator,  who,  from  the  nature  of  his 
appointment,  ought  to  be  guardian  of  the  State's  rights.  The  lit- 
tle I  said,  however,  I  believe  raised  a  goblin  that  frightened  them 
from  the  project,  at  least  for  this  time. 

February  12.  This  day  we  passed  the  excise  law,  and  a  pretty 
piece  of  business  it  is.  I  found  there  was  an  unwillingness  in  man}' 
of  the  members  to  have  the  yeas  and  nays.  I,  however,  called 
them  sharply,  and  enough  rose,  and  I  had  the  pleasure  of  giving 
my  decided  negative  against  what  I  considered  the  box  of  Pandora, 
with  regard  to  the  happiness  of  America. 


292  SKETCHES  OF  DEBATES 

The  communications  came  in  this  morning  respecting  the  Indian 
affairs,  and  the  bill  was  ordered  to  be  printed. 

As  we  came  down  stairs,  Dr.  Johnson  spoke  with  great  joy.  Now, 
said  he,  all  is  over,  the  business  is  complete.  We  have  a  revenue 
that  will  support  the  government,  and  every  necessary  measure  of 
government.  We  have  now  the  necessary  support  for  national 
measures,  &c.,  &c.  I  told  him,  perhaps  we  might  undo  all — that 
the  high  demands  we  had  made  would  raise  opposition,  and  that  op- 
position might  endanger  the  government.  He  seemed  a  little  struck. 
I  repeated  that  the  government  might,  and  perhaps  would,  fall  by 
her  over-exertion  to  obtain  support. 

13.  Sunday.  A  large  party  down  stairs,  speaking  on  the  subject 
of  religion.  One  position  I  thought  not  tenable,  that  man  was  but 
the  first  animal  in  nature.  That  he  became  so  by  the  feelings  of  his 
fingers,  and  hence  all  his  faculties.  Give,  said  they,  only  a  hand  to 
a  horse,  he  would  rival  all  the  human  powers. 

This  I  know  to  be  groundless.  The  opossum,  from  its  feeble, 
harmless,  and  helpless  faculties,  is  almost  extinct  in  Pennsylvania  ; 
and  yet  one  that  I  killed  on  the  island  at  Juniata,  had  as  complete 
a  hand,  with  four  fingers  and  a  thumb,  as  one  of  the  human  spe- 
cies. 

February  1 4.  'Tis  done.  I  doubt  no  longer.  This  day  came  in 
bulky  communications  from  the  President.  The  amount  was  the 
result  of  a  negotiation,  carried  on  by  his  order  with  the  Court  of 
Great  Britain,  through  the  agency  of  Governeur  Morris.  From  the 
letters  of  Governeur  Morris,  it  appears  that  the  vote  against  dis- 
crimination, which  has  involved  us  in  difficulties  with  France,  was 
the  work  of  the  President,  avowedly  procured  by  his  influence  ; 
and  that  he  did  it  to  facilitate  a  connection  with  Great  Britain  ; 
thus  offering  direct  offense  to  France,  and  incurring  the  contempt 
of  Britain,  for  she  has  spurned  every  overture  made  to  her ;  and  now 
the  result  is,  I  suppose,  a  war  with  Great  Britain ;  at  least  these 
troops  are,  as  I  suppose,  meant  to  wrest  the  posts  from  her.  She 
will  resist.  Reprisals  at  sea  will  take  place,  and  all  the  calamities 
of  war  ensue.  It  is  with  difficulty,  that  I  refrain  from  giving  the 
most  severe  language  to  some  of  our  Senators.  King  said  the  op- 
ponents of  the  constitution  did  not  see  the  ground  on  which  to  at- 
tack it.  The  business  was  now  complete.  We  need  not  care  for 
opposition.  Henry,  of  Maryland,  joined  with  him.  King  said  the 
constitution  of  the  United  States  implied  everything.  It  was  a 
most  admirable  system. 

The  S37stem  laid  down  by  these  gentlemen,  was  avowedly  as  fol- 
lows, or  rather  the  development  of  the  designs  of  a  certain  party : 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      293 

The  general  power  to  carry  the  Constitution  into  effect  by  a  con- 
structive interpretation,  would  extend  to  every  case  that  Congress 
may  deem  necessary  or  expedient.  Should  the  very  worst  thing 
supposable  happen,  viz :  The  claim  of  any  of  the  States  to  any  of 
the  powers  exercised  by  the  General  Government,  such  claim  will 
be  treated  with  contempt.  The  laws  of  the  United  States  will  be 
held  paramount  to  all  their  laws,  claims,  and  even  constitutions. 
The  supreme  power  is  with  the  General  Government,  to  decide  in 
this,  as  in  everything  else,  for  the  States  have  neglected  to  secure 
any  umpire  or  mode  of  decision  in  case  of  difference  between  them. 
Nor  is  there  any  point  in  the  Constitution  for  them  to  rally  under. 
They  may  give  an  opinion,  but  the  opinion  of  the  General  Govern- 
ment must  prevail,  £c.  This  open  point,  thus  unguarded,  has  ren- 
dered the  General  Government  completely  uncontrollable.  With  a 
fleet  and  army,  which  the  first  war  must  give  us,  all  future  opposi- 
tion will  be  chimerical. 

I  ventured  to  dissent  from  these  political  heroes,  by  declaring 
that  the  people  themselves  would  guard  the  pass  ;  that  the  right  of 
judging  with  respect  to  encroachments  still  remained  with  the  peo- 
ple ;  it  was  originally  with  them,  and  they  never  had  divested  them- 
selves of  it. 

With  all  their  art,  however,  since  they  now  confess  their  views, 
I  think  they  have  made  but  a  bungling  hand  of  it.  The  old  Con- 
gress had  no  power  over  individuals  ;  and,  of  course,  no  system  of 
consolidation  could  take  place.  Their  legislative  or  recommendatory 
powers  were  over  States  only.  The  new  Constitution,  by  the  instru- 
mentality of  the  judiciary,  &c.,  aims  at  the  government  of  individ- 
uals; and  the  States,  unless  as  to  the  conceded  points,  and  with  re- 
gard to  their  individual  sovereignty  and  independence,  are  left  upon 
stronger  ground  than  formerly ;  and  it  can  only  be  by  implication 
or  inference  that  the  General  Government  can  exercise  control  over 
them  as  States.  Any  direct  and  open  act  would  be  termed  usurpa- 
tion. But  whether  the  gradual  influence  and  encroachments  of  the 
General  Government  may  not  gradually  swallow  up  the  State  gov- 
ernments, is  another  matter. 

February  15.  This  day  was  rather  unimportant  in  the  Senate. 
Mr.  Morris  labored,  in  private,  with  me,  this  day,  to  get  me  to  join 
in  postponing  the  complaints  of  the  French  Court.  The  President, 
although  it  is  undeniable  that  it  was  through  his  instrumentality 
the  offense  was  given  to  France,  yet  now  wishes  all  this  done  away — 
the  breach  made  up  with  France,  and  the  resentment  shown  to  Eng- 
land. The  measure  is  right,  but  his  motives  wrong.  Never  should 
the  paths  of  rectitude  be  forsaken.  Had  the  President  left  Congress 


294  SKETCHES  OF  DEBATES 

to  themselves,  the  discrimination  would  have  obtained,  and  as  the 
discrimination  had  heretofore  obtained  by  the  State  laws,  England 
would  have  taken  no  umbrage,  and  we  should  have  experienced  no 
interruption  of  harmony  with  France.  Unless  we  repeal  the  law, 
ve  lose,  forever,  the  friendship  of  France.  And  even  after  repeal- 
ing it,  the  confidence  of  France  in  us  will  be  impaired,  as  she  may 
attribute  our  first  motives  to  ingratitude,  and  our  last  to  fear.  Con- 
tinuing the  law  will  have  no  effect  on  Britain,  as  she  has  already 
treated  General  Washington's  application  with  contempt ;  but  a  re- 
peal of  it  will  be  followed  with  resentment.  This  we  will  have  to 
submit  to,  and  ought  not  to  regard. 

February  16.  Mr.  Carroll  moved  for  leave  to  bring  in  a  bill  sup- 
plementary to  the  residence  bill.  The  matter,  I  believe,  stands  thus? 
in  fact :  Virginia  is  not  fully  satisfied  without  having  half  the  ten 
miles  square.  She  gives  the  $120,000,  perhaps,  on  this  very  prin- 
ciple of  having  Alexandria  included.  This  cannot  be  done  without 
the  supplementary  law,  which  is  now  applied  for. 

I  spoke  to  Mr.  Morris,  and  gave  him  my  thoughts  on  the  matter. 
He  made  a  just  observation  :  u  There  will  be  people  enough  to  man. 
age  this  matter,  without  our  taking  an  active  part  in  it." 

The  rule  demands  one  day's  notice  to  be  given  for  bringing  in  a 
bill.  Carroll  withdrew  his  motion,  on  being  told  of  this  ;  but  after- 
wards hoped  the  Senate  would  indulge  him  by  common  consent. 

Ellsworth,  however,  said  it  had  better  lay  over  one  day. 

I  returned  to  the  Senate.  Found  the  draughts  of  General  liar- 
mar's  expedition  before  the  committee.  They  look  finely  on  paper, 
but  were  we  to  view  the  green  bones  and  scattered  fragments  of  our 
defeat  on  the  actual  field,  it  would  leave  very  different  ideas  on  our 
minds. 

February  It.  This  day  Mr.  Carroll's  motion  for  the  amendatory 
act  respecting  the  Potomac,  was  to  be  taken  up.  Mr.  Morris  was 
very  late  in  coming.  I,  however,  wish  he  had  stayed  away,  for  he 
voted  for  leave  to  bring  in  the  bill. 

The  military  bill  was  reported,  with  amendments  much  longer 
than  itself.  They  were  ordered  to  be  printed. 

February  18.  A  number  of  communications  were  handed  in,  re- 
specting the  appointment  of  David  Humphreys,  resident  at  the 
court  of  Portugal.  The  President  sends  first,  and  asks  for  our  ad- 
vice and  consent  afterwards. 

Now  Carroll's  amendatory  bill  was  called  up.  It  was  debated 
with  temper,  but  a  good  deal  of  trifling  discourse  was  had  upon  it. 
I  had  determined  to  say  nothing  on  the  subject.  I,  however,  changed 
my  mind,  and  made  the  following  remarks  : 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.       295' 

So  far  as  I  had  an  opportunity  of  knowing  the  public  mind,  the 
expectations  of  the  people  had  been  disappointed.  A  belief  had  ob- 
tained, that  the  President  would  appoint  three  commissioners,  who, 
under  his  direction,  would  lay  out  the  ten  miles  square.  I  did  rvt 
arraign  his  authority.  I  did  not  call  it  in  question  ;  but  he  had  done 
himself  what  should  have  been  done  by  others,  under  his  direction. 
I  would  neither  pull  down  nor  build  up.  Let  the  measure  rest  upon 
the  law.  If  all  was  right  it  would  support  itself;  if  wrong,  our 
mending  it  was  improper,  &c.,  &c. 

Mr.  Morris  followed  me.  I  could  not  well  collect  his  drift ;  but 
he  said,  with  pretty  strong  emphasis,  that  if  any  one  would  move  a 
postponement,  he  would  be  for  it. 

This  hint  was  laid  hold  of  by  Langdon  and  Schuyler,  and  a  post- 
ponement moved,  which  was  carried. 

Mr.  Morris  sustained  a  small  attack,  from  Gunn,  for  this,  as  an 
indirect  way  of  getting  rid  of  the  measure. 

Oh,  I  should  note  that  Mr.  Jefferson,  with  more  than  Parisian 
politeness,  waited  on  me  in  my  chamber  this  morning.  He  talked 
politics,  mostly,  the  French  difference,  and  the  whale  fishery ;  but 
he  touched  the  Potomac,  too,  as  much  as  to  say,  there,  oh,  there. 

Wednesday,  23.  A  bill  was  committed  to  General  Dickenson, 
Wingate,  and  myself.  It  was  for  paying  off  at  par  $186,000  due  to 
foreign  officers.  This  was  domestic  debt  beyond  a  doubt.  The  bill 
went  to  pay  it  out  of  the  funds  appropriated  to  foreign  debt. 

Tuesday,  my  report  was  read,  and  on  Wednesday  it  was  agreed 
to,  or,  at  least,  the  resolution  subjoined  was  adopted,  that  the  bill 
should  not  pass  to  a  third  reading. 

Business  crowded  much,  and  I  have  almost  determined  to  pass 
all.  The  difference,  however,  on  the  new  impost  law,  between  the 
two  House,  explains  so  fully  the  trim  of  the  Senate,  that  I  must 
have  a  word  or  two  on  the  subject. 

The  bill  commonly  called  the  excise  law,  though  the  term  is  care- 
fully avoided  in  the  law,  puts  it  in  the  power  of  the  President  to 
appoint  as  many  inspectors  as  he  chooses,  and  to  pay  them  what  he 
pleases,  so  that  he  does  not  exceed  five  per  cent,  on  the  whole  sum 
collected.  This  check  is  a  mere  nullity,  and  depends  on  a  point 
arising  posterior  to  the  appointments.  The  reason  given  for  vest- 
ing the  power  in  the  President,  is  the  want  of  knowledge  of  the 
subject — how  many,  what  duties  they  will  have  to  discharge.  The 
House  of  Representatives  seem  to  say  that  experience  will  dispel 
this  ignorance  in  two  years,  and,  therefore,  they  amend,  limiting 
this  power  of  paying,  &c.,  to  two  years.  No,  say  our  Senate,  we 
will  not  trust  the  new  Congress,  &c.,  &c.  In  fact,  the  object  is  to 


296  SKETCHES  OF  DEBATES 

i 
throw  all  possible  power  into  the  hands  of  the  President,  even  to 

the  stripping  of  the  Senate.     A  conference  appointed. 

It  is  believed  that  any  measure  that  can  be  fairly  fixed  on  the 
President  will  be  submitted  to  by  the  people,  thus  making  him  the 
scapegoat  of  unconstitutional  measures,  and  leading  them,  by  their 
ah  action  to  him,  into  an  acquiescence  in  these  measures  that  flow 
from  him.  To  break  down  the  boundaries  of  the  States  has  been 
a  desideratum.  This  was  attempted  at  the  time  of  the  impost. 
The  geographical  situation  of  Maiyland,  with  respect  to  the  Chesa- 
peake bay,  afforded  a  pretext  to  do  something  of  the  kind,  under 
the  plea  of  convenience,  by  adding  the  eastern  shore  to  the  State 
of  Delaware,  and  indemnifying  Maryland  out  of  Virginia.  Clouds 
of  letters  reprobated  the  measure.  It  would  not  do.  The  Presi- 
dent is  now  put  upon  something  of  this  kind.  To  alter  the  lines 
of  States,  by  taking  from  the  larger  and  adding  to  the  smaller,  in 
his  arrangement  for  collecting  the  excise. 

The  Subject  of  Instructions. 

Thursday,  24th  February.  This  day  nothing  of  moment  engaged 
the  Senate,  in  the  way  of  debate,  until  the  Virginia  Senators  moved 
a  resolution  that  the  doors  of  the  Senate  chamber  should  be  opened 
on  the  first  day  of  the  next  session,  &c.  They  mentioned  their  in- 
structions. This  brought  the  subject  of  instructions  from  the  dif- 
ferent Legislatures  into  view. 

Ellsworth  said  they  amounted  to  no  more  than  a  wish,  and  oiight 
to  be  no  further  regarded. 

Izard  said  no  Legislature  had  any  right  to  instruct  at  all,  any  more 
than  the  electors  had  a  right  to  instruct  the  President  of  the  United 
States. 

Mr.  Morris  followed — said  Senators  owed  their  existence  to  the 
Constitution ;  the  Legislatures  were  only  the  machines  to  choose 
them ;  and  was  more  violently  opposed  to  instruction  than  any  of 
them.  We  were  Senators  of  the  United  States,  and  had  nothing  to 
do  with  one  State  more  than  another.  Mr.  Morris  spoke  with  more 
violence  than  usual. 

Perhaps,  I  may  be  considered  as  imprudent,  but  I  thought  I  would 
be  wanting  in  the  duty  I  owed  the  public,  if  I  sat  silent,  and  heard 
such  doctrines,  without  bearing  my  testimony  against  them. 

I  declared  I  knew  but  two  lines  of  conduct  for  legislators  to  move 
in  :  The  one,  absolute  volition  ;  the  other,  responsibility.  The  first 
was  tyranny.  The  other  was  inseparable  from  the  idea  of  repre- 
sentation. Were  we  chosen  with  dictatorial  powers,  or  were  we 
sent  forward  as  servants  of  the  public  to  do  their  business  ?  The 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      297 

latter  clearly,  in  my  opinion.  The  first  question,  then,  which  pre- 
sented itself  was  :  Were  my  constituents  here,  what  would  they  do  ? 
The  answer,  if  known,  was  the  rule  for  the  representative.  Our 
governments  were  avowedly  republican.  The  question  now  before 
us  had  no  respect  to  what  was  the  best  kind  of  government,  but 
this  I  considered  as  genuine  republicanism.  As  to  the  late  conduct 
of  the  Legislature  of  Pennsylvania,  I  spoke  with  but  few  of  them. 
I  had  no  instruction  from  them,  and,  all  things  considered,  I  was 
happy  that  I  had  given  my  voice  on  a  former  occasion  for  it.  The 
reasons  which  I  gave  then  operated  still  in  full  force  on  my  mind. 

The  first  was  :  That  I  knew  of  no  reason  for  keeping  the  door  of 
any  legislative  assembly  open  that  did  not  apply  with  equal  force 
to  us. 

The  second  was  :  That  I  thought  it  a  compliment  due  to  the  small- 
est State  in  the  Union  to  indulge  them  in  such  request. 

The  objections  against  it,  viz  :  That  the  members  would  make 
speeches  for  the  gallery  and  for  the  public  papers,  would  be  the 
fault  of  the  members.  If  they  waged  war  in  words  and  oral  com- 
bats ;  if  they  pitted  themselves  like  cocks ;  or  played  the  gladiator 
for  the  amusement  of  the  idle  and  curious,  the  fault  was  theirs. 
That  let  who  would  fill  the  chairs  of  the  Senate,  I  hoped  discretion 
would  mark  their  deportment.  That  they  would  rise  to  impart 
knowledge,  and  listen  to  obtain  information.  That  while  this  line 
of  conduct  marked  their  debates,  it  was  totally  immaterial  whether 
thousands  attended,  or  there  were  not  a  single  spectator. 

This  day  Butler  handed  forward  a  resolution  for  augmenting  the 
salaries  of  all  Federal  officers  of  the  different  departments  one 
fourth. 

It  is  a  great  object  to  increase  the  Federal  officers  and  salaries  as 
much  as  possible  to  make  them  marks  for  the  ambitious  to  aim  at. 
This  single  stratagem  has  carried  the  new  government  on  so  far  with 
increased  rapidity. 

Friday,  25th  February.  This  was  a  busy  day  in  Senate.  We 
had  a  long  communication  from  the  President  respecting  the  loan 
of  three  millions  of  florins,  which,  it  seems,  came  at  five  and  one 
fourth  per  cent.,  the  expense  of  negotiation  being  between  four  and 
five  per  cent. 

Up  now  was  taken  a  bill  for  altering  the  time  of  the  meeting  of 
Congress.  The  title  was  the  same  with  that  of  a. bill  rejected  the 
other  day.  But  the  former  had  the  first  Monday  in  November ; 
this  had  the  fourth  Monday  in  October.  The  President  declared 
that  as  the  day  was  different,  the  bill  was  a  different,  bill.  There 
might  be  as  many  different  bills  as  days  in  the  year.  It  passed^ 


298  SKETCHES  OF  DEBATES 

but  I  confess  I  thought  him  wrong.     Mr.  Morris'  vote  carried  the 
bill.     I  spoke  against  it,  but  without  effect. 

Now  we  had  the  resolution  for  opening  the  doors.  Nine  votes 
were  given  for  it,  and  it  was  lost. 

And  now  came  the  Potomac  amendatory  act.  A  postponement 
was  moved,  but  Langdon,  Schuyler,  Elmer,  Morris,  and  Reed  voted 
against  the  postponement,  and  finally  for  the  bill. 

Saturday,  February  26.  The  last  hand  was  put  to  the  detested 
excise  law. 

For  weeks  has  the  report  of  the  committee  on  the  French  com- 
plaints lain  dormant.  Shame,  I  believe,  had  some  hand  in  keeping 
them  back.  But  now  a  steady  phalanx  appeared  to  support  the 
report.  I  opposed  it,  what  I  could,  and  contended  against  the  al- 
ternatives in  the  report  of  the  Secretary  of  State  as  exceptionable, 
and  opposed  the  whole.  But  all  in  vain.  The  report,  with  some 
variation,  was  adopted.  I  was  the  only  one  who  voted  boldly  and 
decidedly  against  it. 

That  there  has  been  a  design  to  sacrifice  the  French  interest  as  a 
peace  offering  to  the  British  Court,  I  cannot  doubt ;  but  that  this 
should  be  persisted  in  after  the  disappointment  attending  Governeur 
Morris'  management ,  is  strange,  indeed.  They  however  hope,  or  affect 
to  hope,  to  carry  their  point.  Mr.  Morris,  a  few  days  ago,  asserted 
that  we  would  early  this  spring  have  a  minister  from  Great  Britain ? 
and  the  papers  have  many  accounts  to  the  same  purpose. 

As  to  Our  Relations  with  France. 

Mr.  Maclay  made  a  series  of  observations  in  relation  to  the  French 
treaty,  concluding  with :  I  have  ever  thought  that  a  liberal  and 
manly  policy,  being  most  conformable  to  the  genius  of  the  people, 
was  the  surest  method  of  engaging  and  preserving  the  esteem  of 
that  magnanimous  nation,  and  the  alternative  might  be  war  and 
confusion. 

A  burst  of  abuse  now  flowed  forth  against  the  French,  by  Ells- 
worth, in  the  most  vituperative  language  that  fancy  could  invent. 
Selfishness,  interested  views,  their  motive.  To  dismember  the 
English  empire  ;  divide  et  impera,  their  motto.  Nay,  slay  British 
subjects  with  the  sword  of  their  fellows.  No  gratitude  in  nations, 
no  honor  in  politics.  None  but  a  fool  would  expect  it.  Serve 
yourself,  the  first  article  in  the  creed  of  politics.  No  return  due  to 
them.  Ridicule,  not  thanks,  would  attend  acknowledgments. 

He  fell  on  me  with  the  most  sarcastic  severity.  No  confusion 
anywhere  but  in  the  Speaker's  head.  Alas,  how  shall  I  write  it,  I 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      299 

lost  my  temper,  and  finding  no  protection  from  the  Chair,  left  the 
room. 

A  moment's  reflection  restored  me.  I  recollected  that  I  had  the 
volume  of  Congress  of  1783,  which  I  had  looked  up  for  this  occa- 
sion, betore  my  seat,  where  the  greatest  encomiums  were  bestowed 
on  the  French.  I  returned.  King  was  up;  and  although' he  was 
in  the  same  sentiments  as  Ellsworth,  he  said  Mr.  Jay  had  given  a 
similar  construction  with  me,  or,  at  least,  I  so  understood  him.  I 
did  not  hear  one  of  the  statements  which  I  made  answered  or  at- 
tempted to  be  answered.  I  happened  to  turn  round,  and  the  full 
length  portrait  of  the  King  and  Queen  of  France  caught  my  eye. 
I  really  seemed  to  think  they  would  upbraid  me  if  I  was  silent.  I 
knew  the  disadvantage  I  labored  under.  But  up  I  got. 

Nations  being  composed  of  individuals,  the  virtue,  character  and 
reputation  of  the  nation  must  depend  on  the  morals  of  individuals, 
and  could  have  no  other  basis.  Gratitude,  generosity,  sensibility 
of  favors,  benignity,  and  beneficence,  had  not  abandoned  the  human 
breast ;  in  fact  these  were  the  conditions  on  which  the  human  race 
existed.  That  these  passions,  so  far  as  they  respected  the  French 
nation,  were  deeply  engraved  on  the  bosom  of  every  American 
revolutionist.  I  knew  there  were  characters  of  a  different  kind  in 
A  merica ;  but  for  them  we  cared  not.  That  I  was  convinced  the 
sense  of  America  had  been  fairly  expressed  by  Congress,  on  the 
resignation  of  General  Washington,  when  the  epithet  of  magnani- 
mous nation  was  applied  to  them. 

What  were  the  expressions  of  Congress,  as  reported  by  a  com- 
mittee, some  of  whom  are  now  within  my  hearing,  in  the  year  1783, 
with  respect  to  that  now  villified  nation  ?  Exertions  of  arms — suc- 
cours of  their  treasury — important  loans — liberal  donations — mag- 
nanimity, &c.  Yes,  all  this,  and  more  ;  for  I  have  the  book  before 
me.  In  fact,  language  labored  and  seemed  to  fail  in  expressions  of 
gratitude  to  our  all}'. 

Cut  here  is  a  reverse,  indeed.  If  right  then,  we  must  be  wrong 
now  ;  and  my  heart  tells  me  it  is  so.  Vituperation  and  abuse,  more 
especially  in  the  national  way,  are  of  the  reflective  kind,  and  attach 
disgrace  rather  to  the  assailants  than  to  the  assailed. 

Ellsworth  took  a  great  deal  of  snuff  about  this  time.  He  mumped 
and  seemed  to  chew  the  cud  of  vexation.  But  he  affected  not  to 
hear  me  ;  and,  indeed,  they  were  all  in  knots,  talking  and  whisper- 
ing. Mr.  Adams  talked  with  Otis,  according  to  custom.  The  com- 
mittee alluded  to  were  Madison,  Ellsworth,  and  Hamilton.  I  am 
too  sparing — I  should  have  read  that  part  of  the  report,  with  their 
names.  Vol.  8,  page  200 


300  SKETCHES  OF  DEBATES 

I  cannot  help  adding  a  remark  or  two.  A  war,  in  some  shape  or 
other,  seems  to  have  been  the  great  object  with  Hamilton's  people 
At  first  they  would  have  war  with  the  northern  Indians.  That, 
failed.  They  have  succeeded  in  involving  us  with  the  northwestern 
Indians.  Britain,  at  one  time,  seemed  their  object.  Great  efforts 
were  made  to  get  a  war  with  the  Algerines.  That  failed.  Now  it 
seems  to  be  made  a  point  to  differ  with  the  French.  That  lively 
nation  do  not  seem  to  have  been  aware  that  ours  was  merely  a 
civil  war  with  Britain ;  and  that  the  similarity  of  language,  man- 
ners, and  customs,  will,  in  all  probability,  restore  our  old  habits  and 
intercourse ;  and  that  this  intercourse  will  revive,  indeed,  I  fear  it 
has  already  revived,  our  ancient  prejudices  against  France.  Should 
we  differ  with  France,  we  are  thrown,  inevitably,  into  the  hands  of 
Britain;  and  should  France  give  any  occasion,  we  have  thousands 
and  tens  of  thousands  of  anti-revolutionists  ready  to  blow  the  coals 
of  contention. 

March  1.  Attended  this  morning  the  eulogium  in  honor  of  Dr. 
Franklin,  pronounced  by  Dr.  Smith.  People  say  much  of  it ;  I 
thought  little  of  it.  It  was  trite  and  trifling.  Perhaps  I  am  cen- 
sorious. 

Much  business  was  hurried  through  the  Senate  this  day.  !STow 
is  the  time  for  designing  men  to  crowd  on  and  hurry  through,  under 
some  spurious  pretext,  the  deep  laid  plots  of  speculation.  The 
immature  resolve  and  ill-digested  law,  often  escapes  examination, 
while  nothing  but  home  occupies  the  minds  of  the  departing  mem- 
bers. 

Few  days  happen  in  which  I  do  not  meet  with  something  to  fret 
my  political  temper,  but  this  day  I  met  with  something  that  really 
roused  every  feeling  of  humanity  about  me.  The  President  was 
directed,  some  time  ago,  to  take  measures  to  ransom  eleven  Amer- 
icans, who  are  slaves  at  Algiers.  Money  was  appropriated  for  this 
purpose,  out  of  the  Dutch  loan,  in  1788.  The  President,  however, 
sent  us  back  a  message  to  appropriate  money  for  the  purpose,  and 
now  a  committee  who  had  the  African  business  committed  to  them, 
reported  $20,000  to  treat  with  the  Emperor  of  Morocco,  but  not  a 
cent  for  the  poor  slaves.  I  said  and  did  what  I  could,  but  all  in 
vain,  and  we  will  not  only  confine  to  slavery,  but  murder  with  the 
plagues  of  that  deleterious  climate  these  unhappy  men. 

Izard  came  over,  made  a  long  complaint  against  Hamilton.  Here, 
said  he,  have  we  been  waiting,  nobody  knows  how  long,  and  Hamil- 
ton has  promised  to  send  us  a  bill  for  the  mint.  And  now,  at  last, 
he  sends  us  a  resolution  to  employ  workmen. 

Bassett  this  day  laid  on  the  table  a  resolution  for  a  committee  of 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.      301 

both  Houses  to  wait  on  the  President,  to  request  him  to  take  meas- 
ures with  the  Indians,  &c. 

March  2.  The  resolution  of  the  mint  was  smuggled  through.  I 
am  at  no  loss  now  to  ascertain  the  reasons  why  the  mint  business 
has  been  delayed,  and  finally  came  forward  under  the  form  of  a 
resolution,  rather  than  a  bill.  Bills  cannot  be  read  out  of  order 
but  by  unanimous  consent. 

It  has  been  usual  with  declamatory  gentlemen,  in  their  praises  of 
the  present  government,  by  way  of  contrast,  to  paint  the  state  of 
the  country  under  the  old  Congress,  as  if  neither  wood  grew,  nor 
water  run  in  America  before  the  happy  adoption  of  the  new  Con- 
stitution. It  would  be  well,  for  the  future,  in  such  comparisons,  to 
say  nothing  of  national  credit,  (which,  by  the  by,  I  never  consid- 
ered as  dependent  on  the  prices  current  of  certificates  in  the  hands 
of  speculators,)  for  the  loan  of  1788  was  done  in  Holland,  at  five 
per  cent.,  only  postponed. 

March  3.  As  well  might  I  write  the  rambles  of  Harlequin  Ranger, 
or  the  vagaries  of  a  pantomime,  as  attempt  to  minute  the  business 
of  this  morning.  What  with  the  exits  and  the  entrances  of  our 
Otis,  the  announcings,  the  drawings  and  withdrawing  of  Beckley 
and  Lear,  and  the  comings  and  goings  of  our  committees  of  enroll- 
ment, &c.,  and  the  consequent  running  of  doorkeepers,  opening  and 
slamming  of  doors,  the  House  seemed  in  a  continual  hurricane. 
Speaking  would  have  been  idle,  for  nobody  would  or  could  hear. 
Had  all  the  business  been  previously  digested,  matter  of  form  would 
have  been  of  little  consequence.  This,  however,  was  not  the  case. 
It  was  patching,  piecing,  altering,  and  amending,  and  even  origi- 
nating new  business.  It  was,  however,  only  for  Ellsworth,  King, 
or  some  of  Hamilton's  people  to  rise,  and  the  thing  was  generally 
done.  But  they  had  overshot  themselves ;  for,  owing  to  little  un- 
lorseen  impediments,  there  was  no  possibility  of  working  all  through ? 
and  there  was  to  be  a  great  dinner,  which  must  absolutely  be  at- 
tended to.  Terrible,  indeed,  but  no  alternative,  the  House  must 
meet  at  six  o'clock. 

March  3.  In  the  evening,  by  candle-light.  When  I  saw  the  merry 
mood  in  which  the  Senate  assembled,  I  was  ready  to  laugh.  When 
I  considered  the  occasion,  I  was  almost  disposed  to  give  way  to  very 
different  emotion.  I  did,  however,  neither  the  one  nor  the  other; 
and  feeling  myself  of  as  little  importance  as  I  had  ever  done  in  my 
life,  I  took  pen  and  paper  and  determined,  if  possible,  to  keep  pace 
with  the  hurry  of  business,  as  it  passed,  which  I  expected  would 
now  be  very  rapid,  as  I  had  no  doubt  that  Hamilton's  clerks  had 
put  the  last  hand  to  everything. 


302  SKETCHES  OF  DEBATES 

1.  Mr.  Beckley,  (Clerk  of  the  House  of  Representatives,)  an- 
nounced that  he   brought  a  new   resolve,  for  the  safe-keeping  of 
prisoners,  &c. 

2.  A  bill  for  compensation  to  commissioners  of  loans,  for  extra 
expenses. 

3.  A  salary  bill  for  the  executive  officers,  their  clerks,  and  as- 
sistants. 

4.  Resolve  for  the  President  to  lay  before  Congress  an  estimate 
of  lands  not  claimed  by  Indians. 

5.  The  mint  resolve. 

These  obtained  the  signature  of  the  President  of  the  Senate,  and 
were  sent  off  for  the  deliberation  and  approbation  of  the  President. 

The  prisoner  resolve  was  agreed  to,  and  sent  back  to  the  Repre- 
sentatives, by  Otis. 

6.  Mr.  Beckley — Second  message.  A  new  bill,  to  carry  into  effect 
the  convention  with  the  French,  &c.     This  business  has  been  ne- 
glected.    I  had  often  spoken  on  the  subject,  but  my  influence  was 
gone.     I  had,  however,  spoken  lately  to  sundry  members  of  the 
House  of  Representatives,  and  even  at  this  late  hour,  was  happy  to 
see  the  bill. 

To  speak  in  the  present  uproar  of  business,  was  like  letting  off  a 
pop-gun  in  a  thunder  storm.  But  this  was  the  merest  matter  of 
form  possible.  It  was  only  giving  the  authority  of  law  to  a  con- 
vention solemnly  entered  into  with  the  French.  My  colleague  cried 
no,  on  a  second  reading.  I  called  for  the  ayes  and  nays,  not  out 
of  resentment,  but  merely  with  an  exculpatory  view,  if  this  conduct 
should  draw  on  us  the  resentment  of  France ;  for  I  consider  it  dis- 
respectful (to  say  no  more)  towards  her  and  dishonorable  in  us. 

7.  Mr.  Beckley — Third  message,  with  the  pension,  invalid,  and 
light-house  bills. 

The  committee  reported  the  enrollment  of  the  following  acts : 

8.  For  the  continuance  of  the  post  office. 

9.  For  granting  lands  to  the  settlers  at  Vincennes,  Illinois. 

10.  Supplementary  act  for  the  reduction  of  the  public  debt. 

11.  For  granting  compensation  to  judicial  officers,  witnesses,  and 
j  urymen. 

These  bills  received  the  signature  of  the  President  of  the  Senate, 
after  being  brought  up  by  Mr.  Beckley  in  his  fourth  message. 

12.  Who  brought,  at  the  same  time,  a  new  bill  for  the  relief  of 
David  Cook.    Twice  heretofore  has  there  been  an  attempt  to  smuggle 
this  bill  through  in  the  crowd.    It  happened,  however,  to  be  smoked, 
and  rejected. . 


IN  THE  FIRST  SENATE  OF  THE  UNITED  STATES.       303 

13.  Mr.  Beckley's  fifth  message  brought  a  bill  for  making  further 
provision  for  collection  of  duties  on  teas,  &c.,  which  received  the 
signature,  &c. 

14.  And  an  enrolled  resolve,  which  also  received  the  signature, 
&c. 

There  now  was  such  confusion  with  Otis,  Beckley,  and  Lear,  our 
committee  of  enrollment,  &c.,  that  I  confess  I  lost  their  arrange- 
ment. Indeed,  I  am  apt  to  believe,  if  they  had  any,  they  lost  it 
themselves.  The}r  all  agreed,  at  last,  that  the  business  was  done. 
The  President  left  the  chair,  and  the  members  scampered  down 
stairs.  I  stayed  a  moment  to  pack  up  my  papers.  Dalton  alone 
came  to  me,  and  said  he  supposed  we  two  would  not  see  each  other 
soon.  We  exchanged  wishes  for  mutual  welfare.  As  I  left  the 
Hall,  I  gave  it  a  look  with  that  kind  of  satisfaction  which  a  man 
feels  on  leaving  a  place  where  he  has  been  ill  at  ease,  being  fully 
satisfied  that  many  a  culprit  has  served  two  years  at  the  wheelbar- 
row without  feeling  half  the  pain  and  mortification  that  I  experienced 
in  my  honorable  station. 

End  of  the  journal. 


APPENDIX. 


Mr.  Maclay,  in  his  journal,  on  some  occasions,  speaks  somewhat 
disparagingly  of  Washington.  This  was  owing  to  an  imperfect  es- 
timate of  the  character  of  Washington,  who  he  seemed  to  suppose  to 
be  favorable  to  extravagant  display  in  conducting  the  Government, 
and  of  a  leaning  towards  the  exercise  of  arbitrary  power  in  its 
administration.  He  seemed  also  to  suppose  that  Washington  was 
favorable  to  an  additional  title,  the  opposition  of  Washington  to 
that  measure  being  not  then  generally  known ;  and  he  also  believed 
that  undue  influence  over  Washington  was  possessed  by  Mr.  Ham- 
ilton, towards  whom  Mr.  Maclay  entertained  strong  repugnance. 
His  term  in  the  Senate  (being  but  for  two  years)  was  of  too  short 
duration  to  enable  him  to  manifest,  in  that  position,  a  change  of 
opinion  in  regard  to  that  distinguished  person. 

WASHINGTON. 

Over  all  the  great  men  of  our  revolutionary  times,  and  there  were 
great  men  about  him  and  conspicuous  in  the  public  service,  at  that 
important  period.  Washington  was  preeminent.  Of  him  it  may  be 
truly  said,  that  his  public  character  requires  neither  justification 
or  panegyric.  Acting  in  so  many  and  in  such  important  positions, 
it  would  scarcely  be  reasonable  to  suppose  that  he  would  escape 
obloquy,  the  usual  attendant  upon  high  official  position  in  posses- 
sion of  extensive  patronage  but  the  soundness  of  his  judgment,  his 
disinterestedness,  his  humanity  and  benevolence  of  character,  his 
patriotism,  his  justice,  his  honesty  and  sincerity  of  purpose,  and 
his  deep  sense  of  moral  and  religious  obligation,  are  proclaimed 
throughout  the  country. 

He  was  not,  like  Caesar  or  Napoleon,  possessed  of  brilliant  gen- 
ius, but  he  was  possessed  of  superior  qualities  of  mind  which 
enabled  him  to  discharge,  with  signal  ability,  and  with  distinguished 
credit  to  himself  and  advantage  to  the  country,  the  duties  of  the 
various  positions  in  which  he  acted,  and  he  occupied  the  highest, 
both  military  and  civil,  which  the  nation  could  bestow. 
20 


306  WASFTINGTO^. 

Whether,  as  a  military  man,  he  would  have  been  equal  to  the 
command  of  a  large  military  force,  such  as  has  appeared  on  Eu- 
ropean battle-fields,  is,  of  course,  for  conjecture ;  but  he  proved  to 
be  sufficient  for  all  the  command  he  had.  He  was  a  soldier  not 
from  choice,  but  from  motives  of  patriotism.  He  did  not  act  in 
his  high  position,  as  commander-in-chief,  with  a  view  to  his  own 
credit  or  glory,  for  he  was  ever  ready  to  furnish  portions  of  his 
own  troops  to  his  subordinates  in  command,  when  he  considered 
the  public  service  to  require  it.  He  did  not  envy  them  their  mili- 
tary successes,  but  welcomed  such  fortunate  results  as  advancements 
of  the  common  cause.  In  his  battles  with  the  enemy  he  was  not 
always  successful,  but  his  defeats  were  never  disheartening  to  him- 
self, his  army,  or  the  people.  He  was  prudent  in  his  command,  for 
the  enemy  was  powerful  and  his  own  resources  often  very  insuffi- 
cient or  precarious,  for  he  carried  on  the  war  under  a  government 
which  had  no  real  power,  but  whose  efficiency  depended  on  the  vol- 
untary action  of  the  States.  But  he  was  not  wanting  in  enterprise, 
as  Trenton,  and  Princeton,  and  Yorktown  can  testify.  His  military 
means  were  small,  considering  the  magnitude  of  the  stake,  the 
power  of  his  adversary,  and  the  extent  of  the  territory  to  be  de- 
fended ;  but  he  managed  them  wisely,  and,  in  the  adverse  stages  of 
the  war,  bearing,  with  a  degree  of  moral  courage  truly  heroic,  re- 
proach and  obloquy  for  apparent  inefficiency,  the  cause  of  which  it 
would  have  been  highly  impolitic,  as  it  respected  the  enemy  and 
the  people,  to  explain  or  acknowledge,  he  finally  effected  the  deliv- 
erance of  the  country.  And  when  the  great  result  was  accomplished, 
unlike  many  other  military  chief,  he  sought  not  to  maintain  him- 
self in  power,  but,  to  use  his  memorable  words,  he  u  retired  from 
the  great  theater  of  action  ;  *  and  this  without  reluctance  or  regret ; 

*  NOTE. — After  Washington  had  resigned  his  commission,  at  Annapolis,  on 
the  23d  December,  1783,  he  returned  to  Mount  Vernon.  With  the  exception 
of  two  days,  when  he  paid  it  a  flying  visit  with  Count  Rochambeau,  in  1781, 
he  had  not  enjoyed  its  comforts  for  eight  years. 

Washington's  letter  to  Lafayette,  on  the  first  of  February  following,  gives  a 
perfect  view  of  the  philosophic  geniality  of  temper,  superinduced  by  his  re- 
tirement from  the  "bustle  of  the  camp,"  and  return  to  his  "domestic  walks." 
"At  length,  my  dear  Marquis,"  he  writes,  "I  can  become  a  private  citizen  on 
the  banks  of  the  Potomac,  free  from  the  bustle  of  the  camp,  and  the  busy 
scenes  of  public  life.  I  am  solacing  myself  with  those  tranquil  enjoyments 
of  which  the  soldier,  who  is  ever  in  the  pursuit  of  fame — the  statesman,  whose 
watchful  days  and  sleepless  nights  are  spent  in  devising  schemes  to  promote 
the  welfare  of  his  own,  perhaps  the  ruin  of  other  countries— as  if  this  globe 
was  insufficient  for  us  all ;  and  the  courtier,  who  is  watching  the  countenance 
of  his  prince,  in  hopes  of  catching  a  gracious  smile,  can  have  little  conception. 
I  have  not  only  retired  from  all  public  employment,  but  I  am  retiring  within 
myself,  and  shall  be  able  to  view'the  solitary  walks,  and  tread  the  paths  of 


WASHINGTON.  307 

with  not  a  feigned,  but  a  real  desire  to  enjoy,  in  a  private  condition, 
the  beneficial  results  of  the  great  struggle  in  which  he  had  been  so 
conspicuous  an  actor. 

He  is  not  entitled  to  peculiar  credit,  as  has  been  alleged,  for  mak- 
ing no  effort  to  maintain  himself  in  power  by  military  aid  ;  for  it  is 
not  probable  that  the  army  would  have  supported  such  an  effort,  or 
that  the  people  would  have  endured  it.  But  he  is  entitled  to  the 
credit  of  not  having  desired  it.  The  great  end  for  which  he  had 
been  appointed  having  been  attained,  he  willingly  descended  from 
the  pedestal  which  he  had  long  occupied,  disposed  to  enjoy  the  bless- 
ings of  free  government,  with  his  fellow- citizens,  on  the  same  politi- 
cal plane  with  them. 

But  his  public  career  was  not  yet  ended.  He  was  called  upon  to 
participate  in  forming  a  national  government,  not  depending  on  the 
capricious  and  dilatory  action  of  the  States,  but  one  acting  by  its 
own  vital  energy ;  and  there  was  framed  a  constitution,  republican 
in  form,  supreme  as  to  national  matters  within  its  provisions,  but 
not  interfering  with  those  interests,  either  of  the  realty  or  person- 
alty local,  simply  to  the  States ;  containing  power  for  its  own  pres- 
ervation ;  absolute  power,  as  in  the  Parliament  of  England,  not 
being  permitted  to  the  Government,  National  or  State,  but  checks 
and  limitations  being  imposed  on  both,  and  both  subjected  to  judi- 
cial restraint ;  a  constitution  not  conferring  especial  privileges  or 
honorary  titles  011  any  particular  class,  and  susceptible  of  peaceful 
alteration  when  required  by  the  public  exigency  or  the  national 
will.  The  constitution  thus  created  formed  a  system  of  govern- 
ment capable  of  wide  expansion  and  of  general  utility,  and  was 
submitted  to  the  public  with  the  recommendation  of  Washington, 
which,  it  has  been  supposed,  contributed  materially  to  its  general 
adoption.  He  was  subsequently  elected  to  the  chief  executive  office 
under  it,  the  important  duties  of  which  he  discharged  with  wisdom 
and  efficiency  during  two  presidential  terms,  when  he  voluntarily 
retired,  leaving  the  Government,  which  he  had  done  so  much  to 
establish,  to  pursue,  under  other  direction,  its  triumphant  course ; 
having  issued  to  the  country  his  celebrated  farewell  address,*  earn- 

private  life  with  heartfelt  satisfaction.  Envious  of  none,  I  am  determined  to 
be  pleased  with  all  ;  and  this,  my  dear  friend,  being  the  order  of  my  march, 
I  will  move  gently  down  the  stream  of  life,  until  I  sleep  with  my  fathers. 

Come  and  view  me  in  my  domestic  walks." 

*  Oliver  Wolcott,  who  was  Secretary  of  the  Treasury  under  General  Wash- 
ington and  Mr.  Adams,  wrote:  "The  principles  which  governed  President 
Washington's  administration  are  perspicuously  detailed  in  the  final  address 
to  the  people,  which  he  personally  prepared,  and  which  passed  through  my 
hands  to  and  from  General  Hamilton."—  Gibbs'  Wolcott,  Vol.  I,  p.  381. 


308  WASHINGTON". 

estly  urging,  with  almost  prophetic  foresight,  the  importance  of 
union.  He  soon  after  died,  leaving  to  the  nation  the  recollection 
of  his  elevated  character,  his  eminent  services,  and  his  bright  ex- 
ample. 

Few  public  men  have,  for  so  long  a  time,  enjoyed  the  public  con- 
fidence and  real  regard.  From  Braddock's  defeat,  in  '55,  till  his 
own  death,  in  December,  '99,  notwithstanding  the  various  fortunes 
of  the  revolutionary  war,  the  carping  and  detraction  of  short-sighted, 
impatient,  or  of  malevolent,  ambitious,  or  disappointed  men,  and 
the  distracting  political  elements  existing  during  his  presidential 
career,  his  patriotism  and  judgment  were  confided  in  by  the  mass  of 
the  people ;  and  when  he  died,  in  the  fullness  of  his  fame,  the  pub- 
lic regret  and  respect  for  his  memory  were  significantly  manifested 
throughout  the  whole  country. 

Of  all  the  great  men  prominent  in  our  revolutionary  times,  his 
public  character  is  freest  from  imperfection.  He  was  not  devoid  of 
ambition,  for  that  would  have  been  unnatural;  but  in  him  it  was  an 
ambition  to  be  of  service  to  his  country,  and  to  mankind.  He  had 
not  even  the  common  desire  of  pecuniary  acquisition,  for  he  served 
throughout  the  revolutionary  war  with  no  other  demand  than  the 
discharge  of  the  economical  expenses  incident  to  his  public  position. 
He  had  no  merely  selfish  views ;  he  never  intrigued  for,  or  even 
solicited,  office  or  station ;  the  official  positions  bestowed  on  him 
being  the  voluntary  homage  of  his  country ;  and  on  his  election  to 
the  presidency,  on  both  occasions,  the  office  was  not  only  unsought 
by  him,  but  the  choice  was  unanimous.  In  the  exercise  of  the 
duties  of  that  important  position,  no  public  clamor  or  personal  in- 
vective diverted  him  from  the  course  of  which  his  judgment  ap- 
proved; and  in  every  act  of  his  political  administration  he  seemed 
to  be  actuated  by  an  earnest  desire  to  discharge  his  duty.  What 
political  errors  he  committed  were  not  those  of  intention,  but  were 
attributable  to  the  imperfection  of  humanity.  We  hold  him  up  to 
the  world  as  a  great  and  a  shining  light,  worthy  of  the  admiration 
and  commendation  of  mankind. 

If  he  had  died  immediately  after  the  resignation  of  his  military 
command,  his  character,  though  illustrious,  would  have  been  incom- 
plete. His  ability,  as  a  statesman,  would  not  have  been  displayed. 
Though  he  was  not  active  on  the  floor  of  the  convention  during  the 
formation  of  our  national  constitution,  it  is  not  to  be  supposed  that 
he  did  not  exert  an  important  influence  on  the  conclusions  of  that 
distinguished  body ;  for  Patrick  Henry  has  said  that  "  in  the  first 
revolutionary  congress,  though  Adams,  and  Rutledge,  and  others 
were  distinguished  as  orators,  yet,  for  solid  information  and  sound 


WASHINGTON.  309 

judgment,  Washington  was  unquestionably  the  greatest  man  on  the 
floor."  When  he  had  assumed  the  presidency,  his  selection  of  Jef- 
ferson and  Hamilton  as  heads  of  departments — of  Jay  and  Ellsworth 
as  chief  justices — his  tender  of  office  to  Marshall,  afterwards  dis- 
tinguished as  chief  justice,  evinced  his  knowledge  of  men ;  and  the 
admirable  judgment  which  he  displayed  in  keeping  the  country 
aloof  from  foreign  complications,  and  on  the  various  important 
questions  of  foreign  and  domestic  policy  arising  during  his  presi- 
dential career,  evinced  high  powers  of  intellect  and  clear  perception 
of  the  interest  and  welfare  of  the  country.  In  acting  in  that  high 
position,  he  evaded  no  just  responsibility  or  official  duty  ;  not  seek- 
ing to  extend  the  executive  authority  beyond  its  legitimate  limits, 
but  acting  in  all  respects  with  no  other  disposition  than  the  proper 
discharge  of  the  official  obligation  which  he  had  assumed.  In  his 
political  career  he  set  an  example  worthy  of  imitation  by  his  succes- 
sors in  the  presidential  office,  and  by  rulers  throughout  the  world. 

His  physical  seemed  to  be  in  harmony  with  his  mental  character- 
istics. In  stature  he  was  somewhat  above  six  feet,  of  large  frame, 
of  great  strength,  and  of  "  unexceptionable  make."  He  was  of  a 
dignified,  imposing  presence,  inviting  to  confidence,  but  not  to  fa- 
miliarity ;  of  a  sedate,  grave  countenance,  seldom  indulging  in 
mirth,  never  boisterous,  but  not  repressing  good  humor  in  others. 
He  was  not  vain  or  assuming,  but  was  affable  in  manner  and  res- 
pectful in  his  intercourse  with  all,  and  he  excited,  in  an  eminent 
degree,  the  regard  and  veneration  of  those,  from  the  child  to  the 
aged,  with  whom  he  was  intimately  associated,. and  the  respect  and 
admiration  of  other  persons  of  distinction  with  whom  he  came  into 
contact.  He  was  a  signal  honor  to  our  country  and  to  humanity. 
His  fame  is  co-extensive  with  the  civilized  world,  as  a  friend  to 
political  and  personal  liberty,  and  his  name  will  descend  in  great 
and  honorable  renown  to  remote  posterit}T. 

We  subjoin  the  following  lines  by  Lord  Byron  relative  to  the 
distinguished  subject  of  these  remarks : 

"Where  may  the  wearied  eye  repose, 

When  gazing  on  the  great, 
Where  neither  guilty  glory  glows, 

Nor  despicable  state  ? 
Yes,  one — the  first,  the  last,  the  best — 
The  Cincinnatus  of  the  West, 

Whom  envy  dared  not  hate, 
Bequeathed  the  name  of  Washington  ; 
To  make  man  blush  there  was  but  one." 


310  WASHIKGTOISr. 

J.  R.  Ingersoll,  of  Philadelphia,  in  an  address,  remarked  as  fol- 
lows : 

"  The  late  Lord  Chancellor  Erskine,  when  in  the  enjoyment  of 
reputation  more  elevated  than  rank  and  power  could  confer,  the 
fearless  and  successful  advocate  of  the  liberty  and  constitution  of 
England,  addressed  a  voluntary  letter  to  General  Washington,  of 
which  a  copy  was  found  among  the  papers  of  Lord  Erskine,  after 
his  decease.  It  was  as  follows  : 

"  LONDON,  March  15,  1795. 

K  I  have  taken  the  liberty  to  introduce  your  august  and  immortal 
name  in  a  short  sentence,  which  will  be  found  in  the  book  I  send 
you.  I  have  a  large  acquaintance  among  the  most  valuable  and 
exalted  classes  of  men;  but  you  are  the  only  human  being  for 
whom  I  ever  felt  an  awful  reverence.  I  sincerely  pray  God  to  grant 
a  long  and  serene  evening  to  a  life  so  gloriously  devoted  to  the  uni- 
versal happiness  of  the  world. 

"  T.  ERSKINE." 

From  a  literary  address  at  Edinburgh,  by  Lord  Brougham : 

"  In  Washington,  we  may  contemplate  every  excellence,  military 
and  civil,  applied  to  the  service  of  his  country  and  of  mankind ;  a 
triumphant  warrior,  unshaken  in  confidence  when  the  most  sanguine 
had  right  to  despair ;  a  successful  ruler  in  all  the  difficulties  of  a 
course  wholly  untried ;  directing  the  formation  of  a  new  govern- 
ment, for  a  great  people,  the  first  time  so  rash  an  experiment  had 
ever  been  tried  by  man  ;  voluntarily  and  unostentatiously  retiring 
from  supreme  power,  with  the  veneration  of  all  parties,  of  all  na- 
tions, of  all  mankind,  that  the  rights  of  men  might  be  conserved, 
and  that  his  example  might  never  be  appealed  to  by  vulgar  tyrants. 

"  It  will  be  the  duty  of  the  historian  and  the  sage,  in  all  ages,  to 
omit  no  occasion  of  commending  this  illustrious  man ;  and  until 
time  shall  be  no  more,  will  a  test  of  the  progress  which  our  race 
has  made  in  wisdom  and  virtue  be  derived  from  the  veneration  paid 
to  the  immortal  name  of  Washington." 

Letter  from  Governeur  Morris. 

In  a  letter  of  Governeur  Morris  to  General  Washington,  from.  Phila- 
delphia, October  30,  1787  it  is  remarked :  "  I  have  observed  that  your  name 
to  the  constitution  has  been  of  infinite  service.  Indeed,  I  am  convinced 
that  if  you  had  not  attended  the  convention,  and  the  same  papers  had  been 
handed  out  to  the  world,  it  would  have  met  with  a  colder  reception,  with 
fewer  and  weaker  advocates,  and  with  more  and  more  strenuous  oppon- 
ents. As  it  is,  should  the  idea  prevail  that  you  will  not  accept  the  presidency, 
it  would  prove  fatal  in  many  parts.  The  truth  is,  that  your  great  and  decided 
superiority  leads  men  willingly  to  put  you  in  a  place  which  will  not  add  to 


WASHINGTON.  311 

your  personal  dignity,  nor  raise  you  higher  than  you  already  stand ;  but  they 
would  not  readily  put  another  in  the  same  situation,  because  they  feel  the 
elevation  of  others  as  operating,  by  comparison,  the  degradation  of  them- 
selves ;  and  however  absurd  the  idea  may  be,  yet  you  will  agree  with  me  that 
men  must  be  treated  as  men,  and  not  as  machines,  much  less  as  philosophers, 
and  least  of  all  things  as  reasonable  creatures,  seeing  that,  in  effect,  they  rea- 
son not  to  direct  but  to  excuse  their  condition.  Thus  much  for  the  public 
opinion  on  these  subjects,  which  is  not  to  be  neglected  in  a  country  where 
opinion  is  everything. — Page  289-90,  vol.  I,  of  Life  of  Governeur  Morris,  by 
Sparks. 

Speech  of  Mr.  Webster. 

The  father  of  Daniel  Webster  was  a  member  of  the  convention  in  New 
Hampshire,  which  assembled  in  February,  1788,  to  act  upon  the  national  con- 
stitution. A  majority  of  the  delegates  had  instructions  from  their  towns  to 
vote  against  the  adoption  of  the  Constitution.  This  was  the  case  with  Colo- 
nel Webster.  But  the  convention  was  adjourned  to  meet  again  in  June,  and, 
in  the  meantime,  Col.  Webster  obtained  from  his  constituents  permission  to 
vote  according  to  his  own  j  udgment.  When  the  vote  was  about  to  be  taken, 
he  rose,  and  said  : 

"  Mr.  President,  I  have  listened  to  the  arguments  for  and  against  the  con- 
stitution. I  am  convinced  such  a  government  as  that  constitution  will  estab- 
lish, if  adopted— u  government  acting  directly  on  the  people  of  the  States— is 
necessary  for  the  common  defense  and  the  general  welfare.  It  is  the  only 
government  which  will  enable  us  to  pay  off  the  national  debt — the  debt  which 
wo  owe  for  the  Revolution,  and  which  we  are  bound  in  honor  fully  and  fairly 
to  discharge.  Besides,  I  have  followed  the  lead  of  Washington  through  seven 
years  of  war,  and  I  have  never  been  misled.  His  name  is  subscribed  to  this 
constitution.  He  will  not  mislead  us  now.  I  shall  vote  for  its  adoption."— 
Note  to  pages  9,  10  of  George  Ticknor  Curtis1  Life  of  Daniel  Webster.  New 
York,  Appleton  &  Co.,  1870. 

As  to  the  Farewell  Address. 

D.  C.  Claypool,  former  editor  of  the  newspaper,  the  Daily  Ad- 
vertiser, published  in  Philadelphia,  wrote  from  Philadelphia,  Feb- 
ruary 22,  1826,  relative  to  the  first  publication,  in  the  year  1796,  of 
the  valedictory  or  farewell  address  by  President  Washington,  stating 
that,  a  few  days  before  the  appearance  of  this  memorable  document 
in  print,  he  received  a  message  from  the  President,  by  his  private 
secretary ;  and  when  he  waited  on  the  President,  he  stated  that  he 
had,  for  some  time,  contemplated  retiring  from  public  life,  and  had, 
at  length,  concluded  to  do  so  at  the  end  of  the  (then)  present  term : 
that  he  had  some  thoughts  and  reflections  on  the  occasion,  which 
he  deemed  proper  to  communicate  to  the  people  of  the  United 
States,  in  the  form  of  an  address,  and  which  he  wished  to  appear  in 
the  Daily  Advertiser,  of  which  I  was  editor.  After  some  conver- 
sation, the  following  Monday  was  fixed  on  as  the  time  of  its  appear- 
ance ;  and  he  told  me  that  his  secretary  would  call  on  me,  with  a 
copy  of  the  address,  on  the  next  (Friday)  morning. 


312  WASHINGTON. 

After  the  proof  sheet  had  been  compared  with  the  copy,  and  cor- 
rected by  myself,  I  carried  another  proof,  and  then  a  revise ,  to  be 
examined  by  the  President,  who  made  but  few  alterations  from  the 
original,  except  in  the  punctuation,  in  which  he  was  very  minute. 

The  publication  of  the  address,  dated  United  States,  September 
It,  1796,  being  completed  on  the  19th,  I  waited  on  the  President, 
with  the  original ;  and,  in  presenting  it  to  him,  expressed  my  regret 
at  parting  with  it,  and  how  much  I  should  be  gratified  by  being  per- 
mitted to  retain  it :  upon  which,  in  an  obliging  manner,  he  handed 
it  back  to  me,  saying  that,  if  I  wished  for  it,  I  might  keep  it ;  and 
then  I  took  my  leave  of  him.  I  may  say  that  his  handwriting  was 
familiar  to  me.  The  manuscript  copy  consists  of  thirty-two  pages 
of  quarto  letter  paper,  sewed  together  as  a  book,  and  with  many  al- 
terations ;  as,  in  some  places,  whole  paragraphs  are  erased,  and 
others  substituted  ;  in  others,  many  lines  struck  out ;  in  others,  sen- 
tences and  words  erased,  and  others  interlined,  in  their  stead.  The 
tenth,  eleventh,  and  sixteenth  pages  are  almost  entirely  expunged, 
saving  only  a  few  lines  ;  and  one  half  of  the  thirty-first  page  is  also 
effaced.  A  critical  examination  will  show  that  the  whole,  from  first 
to  last,  with  all  its  numerous  corrections,  was  the  work  of  the  same 
hand ;  and  I  can  confidentally  affirm,  that  no  other  pen  ever 
touched  the  manuscript  now  in  my  possession  than  that  of  the  great 
and  good  man  whose  signature  it  bears. 

D.  C.  CLAYPOOL. 

PHILADELPHIA,  February  22, 1826. 

See  the  whole  of  the  letter  of  Mr.  Claypool,  vol.  I,  p.  265-266-267,  of  the 
Memoirs  of  the  Historical  Society  of  Pennsylvania,  published  in  1864. 

The  original  manuscript  of  the  farewell  address  was,  upon  Mr.  Claypool's 
death,  sold  at  auction,  in  Philadelphia,  by  his  representatives,  and  purchased 
by  Mr.  James  Lenox,  of  New  York,  who  printed  an  edition  of  a  limited  num- 
ber of  copies  for  private  distribution,  following  the  text  as  hitherto  published, 
but  noting  from  the  manuscript  the  alterations  and  corrections  of  the  illus- 
trious author. —  Editor. 

Also,  see  ante,  p.  307,  as  to  the  farewell  address. 

General  Washington  was  born  on  22d  of  February,  1732. 

His  farewell  address  was  published  September  17,  1796. 

His  second  term  expired  on  4th  March,  1797. 

He  died  on  4th  December,  1799,  aged  above  67  years. 


JOHN  ADAMS. 


To  Mr.  Adams  the  country  is  deeply  indebted.  He  was  among 
the  foremost  in  opposition  to  the  aggressions  of  the  King  and  Par- 
liament. He  was  the  early  advocate  for  independence,  and  he  sup- 
ported the  measure  strenuously  by  his  voice  and  his  vote.  Being 
subsequently  in  England,  in  an  important  diplomatic  position,  he 
imbibed  a  desire,  or  had  his  predilection  strengthened  for  titles,  as 
giving  dignity  to  official  position.  He  entertained  an  extravagant 
idea  of  the  dignity  or  personal  importance  of  the  presidential  office, 
and  was  in  favor  of  surrounding  it  with  striking  marks  of  distinc- 
tion. The  official  etiquette  first  established  was  maintained  till  the 
inauguration  of  Jefferson,  when  the  coach  and  four,  and  other  offi- 
cial paraphanalia,  were  omitted,  with  the  attendance  of  members  of 
both  Houses  on  the  President,  in  their  answer  to  his  inaugural  or 
address,  at  the  commencement  of  each  session. 

Mr.  Adams  was  possessed  of  much  vanity  or  self-esteem,  and  the 
exhibition  of  that  quality  in  the  Senate,  and  his  interference  there 
in  matters  not  pertaining  to  his  office,  and  as  to  which  such  action 
in  the  Yice  President  would  not  now  be  tolerated,  caused  repug- 
nance towards  him  on  the  part  of  Senators. 

After  the  declaration  by  Washington  of  his  design  to  retire  from 
office,  Mr.  Adams  was  nominated  by  the  Federal  part}',  without 
material  opposition,  and  pretty  much,  as  a  matter  of  course;  but 
his  administration  in  that  position  manifested  that,  though  possess- 
ing much  ability  and  unquestionable  patriotism  and  integrity,  yet 
he  was  considered  as  deficient  in  the  judgment,  discretion,  and 
temper,  material  to  the  proper  discharge  of  the  duties  of  that  ele- 
vated station.  He  was  charged  with  a  want  of  discretion  relative 
to  the  French  complication,  and  his  distrust  of  other  distinguished 
men  of  his  party,  his  repugnance  to  Mr.  Hamilton,  especially,  and, 
perhaps,  a  desire  to  be  considered  as  administering  the  government 
mainly  by  his  own  volition,  without  material  influence  by  his  cabinet 
officers,  or  other  leading  members  of  the  Federal  party,  dissatisfied 
many,  and  a  change  in  the  presidential  nomination  was  desired.  It 
being  difficult  to  accomplish  such  a  result,  he  was  continued  at  the 
helm,  and  was  defeated  ;  and  Washington  being  dead,  the  party  could 

(313) 


314  ADAMS. 

not  be  rallied ;  and  this  defeat,  with  the  abortive  and  discreditable 
attempt  to  elect  Burr  over  Jefferson,  and  thus  disappoint  or  violate 
the  known  wishes  of  the  people,  overwhelmed  the  Federal  party,  and 
under  that  name  it  passed  out  of  existence.  The  constitution  was 
soon  after  altered,  requiring  electors  to  designate  the  office  for  which 
their  votes  are  intended. 

Mr.  Jefferson  and  Mr.  Adams  acted  in  harmony  in  the  early  stage 
of  the  revolutionary  struggle,  and  then  became  especially  distin- 
guished, the  first  as  the  draughtsman  of  the  Declaration,  and  the 
other  as  its  advocate  on  the  floor  of  the  convention.  They  became 
for  a  time,  from  the  force  of  political  circumstances,  estranged  from 
each  other ;  but,  towards  the  end  of  their  lives,  their  friendship  re- 
vived and  continued  till  their  death.  They  were,  at  its  conclusion, 
but  for  a  brief  space  of  time  in  this  world,  divided.  They  died  on 
the  same  day,  the  4th  of  July,  1826,  the  anniversary  of  that  day 
which  they  had  done  so  much  to  commemorate. 

Mr.  Jefferson  was  also  the  writer  of  the  resolutions  adopted  by 
the  Kentucky  Legislature  in  November,  1798,  which  were  construed 
or  denned  by  that  Legislature,  in  1799,  as  follows  :  Resolved,  That 
....  the  several  States  who  formed  the  constitution,  being  sov- 
ereign, and,  of  course,  independent,  have  the  unquestionable  right 
to  judge  of  its  infraction,  and  that  a  nullification  by  those  sover- 
eignties of  all  unauthorized  acts,  done  under  color  of  that  instru- 
ment ,  is  the  rightful  remedy.* 

Mr.  Madison,  in  a  letter  in  April,  1787,  proposing  a  plan  of  a 
constitution  of  the  United  States,  was  in  favor  of  giving  to  the 
General  Government  an  absolute  and  unqualified  veto  on  all  acts 
whatever  of  the  State  Legislatures.  But  he  afterwards  drew  up  the 
resolutions  adopted  by  the  Virginia  Legislature,  in  December, 
1798,  which  were  to  the  same  effect  as  the  resolutions  adopted  in 
Kentucky,  which  were  drawn  by  Mr.  Jefferson,  in  November,  of  the 
same  year.  Mr.  Webster  combatted  the  doctrine  above  referred  to, 
in  his  celebrated  speech  in  1830,  in  reply  to  the  speech  of  Mr. 
Hayne,  of  South  Carolina,  contending  that  the  constitution  was 
established  not  by  the  States,  but  by  the  people.  This  opinion  is 
the  prevailing  one  in  the  northern  States,  the  other  is  the  prevalent 
one  in  the  southern  States  of  the  Union. — Editor. 

NOTE.— General  Washington,  in  a  letter  to  Lafayette,  December  25, 1798,  de- 
clared, "The  constitution,  according  to  their  (the  Anti-Federalists)  interpre- 
tation of  it,  would  be  a  mere  cipher."  He  also  wrote,  "We  are  to-day  one 
nation,  and  to  to-morrow  thirteen. — See  Cents. ,  page  151. 

*  See  the  Constitutional  History  of  the  United  States,  by  Von  Hoist,  p.  147. 


ADAMS.  315 

As  to  Mr.  Adams,  Mr.  Sullivan  in  his  "  Public  Men  of  the  Revo- 
lution," wrote :  Mr.  Adams,  on  the  day  of  his  inauguration,  March 
4, 1797,  was  in  his  sixty-second  year.  He  was  dressed  in  a  full  suit 
of  pearl-colored  broadcloth  ;  with  powdered  hair.  He  was  then  bald 
on  the  top  of  his  head.  He  was  of  middle  stature,  and  full  person  ; 
and  of  slow,  deliberate  manner,  unless  he  was  excited  ;  and  when  this 
happened,  he  expressed  himself  with  great  energy. 

Mr.  Adams  was  a  man  of  strong  mind,  of  great  learning,  and  of 
eminent  ability  to  use  knowledge,  both  in  speech  and  writing.  He 
was  ever  a  man  of  purest  morals,  and  is  said  to  have  been  a  firm  be- 
liever in  Christianity,  not  from  habit  and  example,  but  from  diligent 
investigation  of  its  proofs.  He  had  an  uncompromising  regard  for 
his  own  opinion ;  and  was  strongly  contrasted  with  Washington  in 
this  respect.  He  seemed  to  have  supposed  that  his  opinions  could 
not  be  corrected  by  those  of  other  men,  nor  bettered  by  any  compari- 
son. *  *  Mr.  Adams  came  to  the  presidency  at  the  time  when 
more  forbearance  and  discretion  were  required  than  he  is  supposed 
to  have  had.  He  seems  to  have  been  deficient  in  the  rare  excellence 
of  attempting  to  see  himself  as  others  saw  him  ;  and  he  ventured  to 
act  as  though  everybody  saw  as  he  saw  himself.  He  considered  only 
what  was  right  in  his  own  views,  and  that  was  to  be  carried  by  main 
force,  whatever  the  obstacles. 

There  was  great  difference  of  opinion  among  the  Federal  party 
whether  to  seek  the  election  of  John  Adams  or  Thomas  Pinckney. 
As  the  Constitution  then  was,  both  were  voted  for  by  that  party, 
expecting  that  one  of  them  would  be  President  and  the  other  Vice^ 
President.  Mr.  Jefferson  and  Mr.  Clinton,  of  New  York,  were  the 
two  opposing  candidates.  Most  unexpectedly  the  result  was  that 
Mr.  Adams  stood  highest — Mr.  Jefferson  next,  and  Mr.  Pinckney 
third.  It  was  supposed  that  so  many  of  the  eastern  electors  as  pre- 
ferred Mr.  Adams  to  Mr.  Pinckney,  placed  the  latter  candidate  lower 
than  they  intended  to  do,  and  thereby  gave  a  result  which  was  ex- 
ceedingly unwelcome  as  to  the  Vice  President. — Sullivan. 


MR.  JEFFERSON. 


When  Mr.  Jefferson  came  to  Philadelphia  in  March,  1T9T,  he  was 
about  fifty  years  of  age.  His  personnel,  as  now  recollected, was  this  : 
He  was  a  tall  man,  over  six  feet  in  stature  ,  neither  full  nor  thin  in 
body.  His  limbs  were  long  and  loosely  jointed.  His  hair  was  of  a 
reddish  tinge,  combed  loosely  over  the  forehead,  and  at  the  sides, 
and  tied  behind.  His  complexion  was  light  or  sandy.  His  forehead 
rather  high  and  broad.  His  eyebrows  long  and  straight,  his  eyes 
blue,  his  cheek  bones  high,  his  face  broad  between  his  eyes,  his  chin 
long  and  his  mouth  large.  His  dress  was  a  black  coat  and  light  un- 
der clothes.  He  had  no  polish  of  manners,  but  a  simplicity  and  so- 
briety of  deportment.  He  was  quiet  and  unobtrusive,  and  yet  a 
stranger  would  perceive  that  he  was  in  the  presence  of  one  who  was 
not  a  common  man.  His  manner  of  conversing  was  calm  and  deliber- 
ate and  free  from  all  gesticulation  ;  but  he  spoke  like  one  who  con- 
sidered himself  entitled  to  deference,  and  as  though  he  measured  what 
he  said  by  some  standard  of  self-complacency.  The  expression  of  his 
face  was  that  of  thoughtfulness  and  observation ;  and  certainly,  not 
of  that  of  openness  and  frankness.  When  speaking  he  did  not  look 
at  his  auditor,  but  cast  his  eyes  toward  the  ceiling  or  anywhere  but 
at  the  eyes  of  his  listener.  He  had  already  become  a  personage  of 
some  distinction  and  an  object  of  curiosity,  even  to  a  very  young 
man.  These  personal  descriptions  are  from  memory,  after  the  lapse 
of  many  years  and  may  not  accord  with  those  of  persons  who  had 
more  or  better  opportunities  to  observe  ;  and  are  not,  therefore, 
offered  with  confidence  that  Mr.  Jefferson  is  here,  in  all  respects, 
justly  described. 

During  his  Yice  Presidency,  (during  the  administration  of  Mr. 
Adams,)  Mr.  Jefferson  was  employed,  as  usual  for  that  officer,  in 
the  Senate.  It  does  not  appear  that  the  Vice  President  was  ever 
called  to  cabinet  meetings  in  Washington's  time ;  or  that  Mr.  Jef- 
ferson was  ever  called  to  such  meetings  in  the  presidency  of  Mr. 
Adams,  or  advised  with  him  in  any  way. — Sullivan. 

(316) 


JEFFERSON.  317 

As  to  the  Declaration. 

Mr.  Everett,  speaking  of  the  Declaration  of  Independence,  says : 
"  This  trust  devolved  on  Thomas  Jefferson,  and  with  it  rests  on 
him  the  imperishable  renown  of  having  penned  the  Declaration  of 
Independence.  To  have  been  the  instrument  of  expressing,  in  one 
brief,  decisive  act,  the  concentrated  will  and  resolution  of  a  whole 
family  of  States,  of  unfolding  in  one  all-important  manifesto,  the 
causes,  the  motives,  and  the  justification  of  this  great  movement  in 
human  affairs  ;  to  have  been  permitted  to  give  the  impress  and  pe- 
culiarity of  his  own  mind  to  a  charter  of  public  rights,  destined,  or 
rather  let  me  say  already  elevated  to  an  importance,  in  the  estima- 
tion of  many,  equal  to  anything  human  ever  borne  on  parchment  or 
expressed  in  the  visible  signs  of  thought.  This  is  the  glory  of 
Thomas  Jefferson." 


ALEXANDER  HAMILTON. 


Towards  Mr.  Hamilton  Mr.  Maclay  seemed  to  entertain  strong 
repugnance.  This  appeared  to  be  owing  mainly  to  hs  originating 
and  supporting  the  provision  for  the  assumption  of  the  State  debts. 
To  the  funding  of  the  domestic  debts  of  the  General  Government, 
contracted  during  the  revolutionary  war,  and  of  the  foreign  debts, 
no  opposition  existed  ;  but  Mr.  Hamilton  recommended  the  assump- 
tion, by  the  General  Government,  of  the  debts  of  the  States.  To 
this  proposition  Mr.  Maclay  and  others  objected,  at  least  until  a 
settlement  was  had  between  the  States,  by  which  th,e  States  which 
were  in  advance  in  appropriations  during  the  war  should  be  paid 
their  advancements  ;  and  it  was  alleged  by  Mr.  Maclay  that  Penn- 
sylvania was  in  advance  to  the  amount  of  a  million  of  dollars.  But 
Mr.  Hamilton,  having  little  confidence  in  the  patriotism  and  intel- 
ligence of  the  mass  of  the  people,  and  in  the  sufficiency  of  the  Con- 
stitution, not  perceiving  the  vitality  since  manifested  to  exist  in  it, 
and  which,  so  late  as  1802,  in  a  letter  to  Governor  Morris,  he  pro- 
nounced to  be  "  a  frail  and  worthless  fabric,"  and  as  a  means  of 
establishing  and  supporting  the  public  credit,  and,  perhaps,  with  a 
desire  to  have  an  interested  body  of  loan  or  stockholders  to  support 
the  Government,  as  Secretary  of  the  Treasury  recommended  such 
assumption,*  and  he  urged  the  matter  so  far  as  to  barter  away  the 
permanent  seat  of  government,  in  order  to  effect  it.  This  was  an 
improper  expedi ent ,  and  deserving  of  reprobation.  He  was  charged , 
through  the  funding  measure,  with  a  desire  of  advancing  his  private 
fortune ;  but  it  does  not  appear  that  he  was  influenced  by  such  a 
motive ;  and  it  is  alleged  that  to  guard  against  such  an  imputation, 

*Wolcott,  in  April,  1790,  wrote  that  the  assumption  of  the  State  debt  was 
necessary  for  the  existence  of  the  National  Government.  If  the  State  govern- 
ments are  to  prove  for  their  payment,  these  creditors  will  oppose  all  national 
provisions  as  being  inconsistent  with  their  interest.—  Gibb's  Wolcottj  1,  p.  45. 

Van  Hoist,  in  his  Constitutional  and  Political  History  of  the  United  States, 
has  observed  that  the  good  opinion  of  foreign  nations  could  be  regained  only 
on  condition  that  the  credit  of  the  Union  was  restored ;  that  the  funding  of  the 
debt  of  the  Union,  and  the  assumption  by  the  Union  of  the  debts  of  the  States, 
were  the  two  principal  pillars  on  which  the  new  political  structure  could  be 
made  to  rest. — Van  Hoist,  pp.  84-88. 

(318) 


HAMILTON.  319 

he  advised  his  immediate  family  connections  to  refrain  from  such 
speculation,  then  much  practiced,  as  the  probability  of  assumption 
increased.  The  provision  in  the  funding  bill  for  the  assumption  of 
purchased  claims  to  their  full  value  at  the  time  of  the  assumption, 
without  regard  to  the  amount  paid  to  the  original  creditors,  was 
also  made  a  ground  of  objection  to  the  funding  bill.  The  report 
of  Mr.  Hamilton  on  the  subject  of  the  public  credits,  giving  the 
reasons  for  the  assumption,  will  be  found  in  the  second  volume  of 
the  Annals  of  Congress. 

It  is  much  to  the  credit  of  Mr.  Hamilton,  that  notwithstanding 
the  opinion  he  entertained  of  the  constitution  as  giving  to  the  Gen- 
eral Government  too  little  force  or  power,  he  nevertheless  supported 
it  by  his  articles  in  the  Federalist,  and  in  the  convention  in  New 
York. 

The  plan  of  government  submitted  by  him  to  the  constitutional 
convention,  recommending  a  Chief  Executive  and  Senate,  to  serve 
during  good  behavior — the  President  to  have  an  absolute  negative 
on  the  acts  of  Congress  ;  the  Senate  to  have  the  sole  power  of  de- 
claring war  ;  Senators  not  to  be  liable  to  expulsion,  and  to  be  capa- 
ble of  voting  by  proxy ;  the  President  to  be  chosen  by  citizens 
having  an  estate  of  inheritance,  or  for  three  lives,  in  land,  or  clear 
personal  estate  of  the  value  of  one  thousand  Spanish  milled  dollars, 
was  deficient  in  wisdom,  and  not  calculated  to  receive  the  public 
support. 

Mr.  Hamilton,  in  his  much  celebrated  report,  in  December,  1791, 
on  the  subject  of  "  Domestic  Manufactures,"  (see  third  volume  of  the 
Annals  of  Congress,  pp.  1011-12,)  first  gave  prominence  to  the  clause 
in  the  constitution  relative  to  the  general  welfare,  as  a  subject  or 
element,  for  the  promotion  of  which  Congress  Jiad  power  to  raise 
taxes  and  appropriate  money.  This  construction  of  Mr.  Hamilton 
gave  strong  offense  to  Mr.  Jefferson,  who  was  for  limiting  the  col- 
lection and  appropriation  of  public  money  to  carrying  out  the  ex- 
press powers  conferred  on  Congress  by  the  constitution.  This  pro- 
vision has  been  recently  called  into  requisition  in  the  Senate  of  the 
United  States,  in  support  of  an  appropriation  in  aid  of  the  centen- 
nial celebration. 

Mr.  Hamilton's  view  of  the  constitutional  provision  on  the  subject 
of  treason  was  extreme.  From  an  opinion  of  the  importance  or  neces- 
sity of  the  case,  an  opinion  not  confined  to  him,  but  entertained  by 
others — that  in  order  to  manifest  the  strength  of  the  constitution, 
an  example  of  severity  was  important,  he  was  in  favor  of  the 
execution  of  Fries,  who  had  been  convicted,  in  Pennsylvania,  of 
treason,  for  mere  opposition  to  the  execution  of  an  act  of  Congress, 


320  HAMILTON. 

(the  excise  act,)  without  any  design  of  "  levying  war  against  the 
United  States,  or  of  adhering  to  their  enemies — giving  them  aid  and 
comfort,"  which  is  the  only  mode  in  which  treason  against  the  Gov- 
ernment can  be  committed  ;  and  he  made  the  pardon  of  Fries  a  sub- 
ject of  complaint  against  Mr.  Adams,  who,  from  the  belief  that  the 
conduct  of  Fries  would  not  warrant  a  conviction  of  treason,  or  was 
not  deserving  of  death,  or  from  some  other  motive,  made  him  the 
subject  of  clemency. 

This  criticism  as  to  treason  will  apply  to  Mr.  Hamilton's  views 
relative  to  the  riotous  proceedings  in  western  Pennsylvania,  com- 
monly termed  the  Whisky  Insurrection,  a  disturbance  on  account 
of  the  attempted  enforcement  of  a  particular  law,  (the  excise  law,) 
which  was  considered  as  especially  grievous  in  that  remote  district, 
where  whisky  was  used  as  an  article  of  commerce  with  the  east  for 
their  necessary  articles,  on  account  of  the  facility  of  its  transpor- 
tation. These  violent  proceedings  were  liable  to  indictment  as  mis- 
demeanors, but  they  were  not  liable  to  the  penalty  of  treason,  as  it 
is  defined  in  the  Constitution. 

Mr.  Hamilton  was  a  man  of  probity  in  the  common  affairs  of  life, 
of  patriotic  impulses,  of  eminent  and  varied  ability,  Jefferson  styl- 
ing him  "  a  Colossus  to  the  Anti-Republican  party ;  a  host  in  him- 
self; "  nobody  but  Mr.  Madison  "  that  can  meet  him  ;  "  and  he  exer- 
cised much  influence  over  many  of  the  public  men  of  his  day,  and 
he  certainly  rendered  important  services,  both  military  and  civil,  to 
the  country  during  his  eventful  career.  But  in  the  full  tide  of  life 
he  fell  a  victim  in  a  duel.  He  had  not  the  moral  courage  to  avow 
unfavorable  opinions  of  Burr  which  he  had  honestly  entertained 
and  expressed,  and,  relying  on  an  enlightened  public  opinion  for 
his  justification,  refused  the  arbitrament  of  arms.  He  was  not  re- 
quired, even  by  the  false  code  of  honor,  to  contend  in  moral  com- 
bat with  a  man  who,  to  use  his  own  terms,  he  considered  to  be  "  one 
of  the  worst  men  in  the  community,  who  private  character  is  not 
defended  by  his  most  partial  friends ;"  "  whose  public  principles  have 
no  other  spring  or  aim  than  his  own  aggrandizement  per  fas  et 
nefas,  the  Cataline  of  America."  His  own  courage  had  been  sig- 
nally manifested  at  Yorktown,  the  closing  battle-field  of  the  revo- 
lution. He  acted  otherwise,  and  fell  in  the  contest,  thus  depriving 
the  country  of  a  valuable  life,  and  leaving  to  the  youth  of  the  nation 
a  pernicious  example. — Editor. 

The  duel  occurred  on  the  llth  of  July,  1804,  and  Mr.  Hamilton 
died  on  the  next  day. 


HAMILTON.  321 

As  to  Hamilton,  Mr.  Sullivan  wrote  :  Alexander  Hamilton,  when 
appointed  Secretary  of  the  Treasury,  was  about  thirty-three  years 
of  age.  He  resumed  the  practice  of  the  law  in  the  city  of  Xew  York, 
in  the  year  1795,  at  the  age  of  thirty-eight.  In  December  of  that 
year  his  appearance  was  this :  He  was  under  middle  size  ;  thin  in 
person,  but  remarkably  erect  and  dignified  in  his  deportment.  His 
hair  was  turned  back  from  his  forehead,  powdered,  and  collected  in 
a  club  behind.  His  complexion  was  exceedingly  fair,  and  varying 
from  this  only  by  the  almost  feminine  rosiness  of  his  cheeks.  His 
might  be  considered,  as  to  figure  and  color,  an  uncommonly  hand- 
some face.  When  at  rest,  it  had  rather  a  severe  and  thoughtful  ex- 
pression ;  but  when  engaged  in  conversation,  it  easily  assumed  an 
attractive  smile. — Sullivan. 

As  to  Treason. 

The  third  section  of  the  third  article  of  the  Constitution  of  the 
United  States  is  in  part  as  follows  :  "  Treason  against  the  United 
States  shall  consist  only  in  levying  war  against  them,  or  in  adhering 
to  their  enemies,  giving  them  aid  and  comfort." 

In  the  convention  which  formed  the  Constitution,  Luther  Martin, 
of  Maryland,  proposed  the  following :  "  Provided  that  no  act  or 
acts  done  by  one  or  more  of  the  States  against  the  United  States, 
or  by  any  citizen  of  any  one  of  the  United  States  under  the  au- 
thority of  one  or  more  of  the  said  States,  shall  be  deemed  treason 
or  punished  as  such  ;  but  in  case  of  war  being  levied  by  one  or  more 
of  the  States  against  the  United  States,  the  conduct  of  each  party 
toward  the  other  and  their  adherents  respectively,  shall  be  regu- 
lated by  the  laws  of  war  and  of  nations."  This  provision  was  not 
adopted.  See  Elliott's  Debates,  Vol.  /,  p.  382. 


21 


AARON  BURR. 


Though  Aaron  Burr  is  not  mentioned  in  this  journal,  yet  as  his 
fortunes  were  so  intimately  associated  with  Hamilton,  a  brief  descrip- 
tion by  the  same  person  is  given  as  he  appeared  in  December,  1195. 
He  was  probably  about  Hamilton's  age.  He  was  of  about  the  same 
stature  as  Hamilton  ;  a  thin  man,  but  differently  formed.  His  mo- 
tions in  walking  were  not,  like  Hamilton's,  erect,  but  a  little  stoop- 
ing, and  far  from  graceful.  His  face  was  short  and  broad  ;  his  black 
eyes  uncommonly  piercing.  His  manner  gentle  and  seductive.  But 
he  had  a  calmness  and  sedateness,  when  these  suited  his  purpose ; 
and  an  eminent  authority  of  manner,  when  the  occasion  called  for 
this.  He  was  said  to  have  presided  with  great  dignity  in  the  Sen- 
ate ;  and  especially  at  the  trial  of  Judge  Chase.  Though  eminent 
as  a  lawyer,  he  was  said  not  to  be  a  man  of  distinguished  eloquence, 
nor  of  luxuriant  mind.  His  speeches  were  short  and  to  the  pur- 
pose.— Sullivan,  262. 


(322) 


ROBERT  MORRIS. 


Robert  Morris  was  born  at  Liverpool,  England,  in  1733.  After 
the  death  of  his  father,  which  happened  from  a  casualty,  he  was 
placed  in  the  counting  house  of  Charles  Willing,  a  merchant  in 
Philadelphia.  After  he  had  arrived  at  full  or  legal  age,  he  became 
a  partner  with  Thomas  Willing,  a  son  of  his  patron.  This  mercan- 
tile connection  continued  for  nearly  forty  years.  After  difficulties 
had  arisen  with  England,  he  and  his  partner,  though  largety  engaged 
in  business,  signed  the  non-importation  agreement  of  1765, and  sus- 
tained other  patriotic  measures.  After  the  Revolutionary  war  had 
begun,  Mr.  Morris  was  elected  a  member  of  the  Assembly  of  Penn- 
sylvania; and  in  1775,  he  was  elected  by  it  a  delegate  to  the  Conti- 
nental Congress.  He  was  opposed  to  Independence  when  the  prop- 
osition was  made,  and  voted  against  Mr.  Lee's  resolution  on  the 
1st  of  July,  1776.  This  was  from  an  opinion  that  it  was  premature  ; 
and  he  was  absent  from  the  convention  on  the  2d  and  4th  of  July, 
with  Dickinson,  Biddle  and  Allen ;  so  that  the  vote  of  the  State  on 
the  4th  was  carried  by  Franklin,  Morton  and  Wilson  against  Hum- 
phreys and  Willing.  The  new  convention  of  the  State  retained  Mr. 
Morris,  but  superseded  Dickinson,  Humphreys,  Willing  and  Al- 
len, and  appointed,  in  their  stead,  Messrs.  Ross,  Smith,  Rush,  Cly- 
nier  and  Taylor ;  and  when  the  Declaration  had  been  engrossed,  Mr. 
Morris,  on  the  2d  of  August,  signed  it.  He  remained  in  Congress 
until  the  end  of  the  session  of  1787-8,  and  served  upon  important 
committees,  the  principal  one  being  the  committee  charged  with  the 
spending  of  money  in  the  secret  service  ;  and  during  his  service  in 
Congress  on  various  occasions,  he  pledged  his  individual  credit,  to 
a  considerable  extent,  for  the  public  service.  His  service  in  that  re- 
spect continued  throughout  the  war,  and  specially  after  appoint- 
ment as  Superintendent  of  Finance  on  the  20th  of  February,  1781. 
He  performed  a  service  of  special  importance  in  procuring  the  pecu- 
niary means  to  enable  General  Washington  to  move  his  forces  to  the 
South,  where  at  Yorktown  occurred  the  last  important  battle  scene 
of  the  Revolution.  Mr.  Morris  was  a  member  of  the  convention  to 
frame  the  National  Constitution  ;  and  was  subsequently  elected  one 

(323) 


324  MOKRIS. 

of  the  Senators  in  the  first  Senate.'  He  there  drew  the  longer 
term,  and  was  a  member  of  it  from  1789  till  tke  4th  of  March,  1795. 

He  was,  for  many  years,  prosperous  as  a  merchant,  and  was  con- 
sidered as  having  acquired  very  considerable  wealth.  He  subse- 
quently became  embarrassed.  He  attributed  his  first  embarrassment 
to  the  failure  of  two  commercial  houses  in  Dublin  and  London  in 
the  year  1793,  by  which  he  suffered  largely. 

He  was  seized  with  the  then  prevailing  mania  for  speculation  in 
lands.  The  country  called  the  Genessee  country,  lying  west  of 
the  Seneca  Lake  in  New  York,  was  originally  claimed  against  New 
York  by  the  State  of  Massachusetts,  under  an  unreasonable  claim 
that  her  charter  bounds  extended  to  the  western  sea  or  the  Pacific 
ocean.  As  to  the  claim  see  remarks  hereafter. 

In  the  year  1786  commissioners  were  appointed  by  the  States  of 
Massachusetts  and  New  York  to  settle  their  respective  claims  both 
as  to  soil  and  jurisdiction;  and,  on  the  16th  of  December  of  that 
year,  the  soil  west  of  the  Seneca  Lake  was  ceded  by  Massachusetts 
and  the  jurisdiction  over  it  to  New  York.  In  1787  or  '88  Messrs. 
Gorham  and  Phelps  purchased  from  Massachusetts  the  whole  terri- 
tory which  had  been  ceded  to  it.  Subsequently,  however,  the  Leg- 
islature of  Massachusetts  took  back  from  Gorham  &  Phelps  the  four 
million  of  acres  west  of  the  Genessee  river.  In  November,  1790, 
Mr.  Morris  purchased,  from  Gorham  &  Phelps,  twelve  hundred  thou- 
sand acres  of  the  territory  which  they  had  retained,  and  to  which 
the  Indian  title  had  been  extinguished.  The  purchase  money  is 
supposed  by  his  son  to  have  been  seventy  thousand  pounds.  In 
1791  Mr.  Morris  sold  to  Pulteney  and  another  the  land  which  he 
had  bought  from  Gorham  &  Phelps  for  about  seventy  thousand 
pounds  sterling.  In  1791  Mr.  Morris,  for  himself  and  others,  who 
subsequently  disappointed  him,  purchased  from  Massachusettes  the 
four  million  of  acres  which  that  State  had  received  back  from  Gor- 
ham &  Phelps.  The  purchase  money  is  supposed  to  have  been  one 
hundred  thousand  pounds  in  Massachusetts  money. 

In  the  year  1792-3  and  4,  Mr.  Morris  entered  warrants  in  the 
Land  Office  of  Pennsylvania  for  about  160,000  acres.  In  April, 
1794,  he  entered  into  an  association  with  John  Nicholson,  then  Con- 
troller of  the  State  of  Pennsylvania,  for  the  purchase  of  about  a 
million  of  acres  of  land  in  Pennsylvania — the  association  being 
called  The  Asylum  Company.  In  February,  1795,  the  North  Amer- 
ican Land  Company  was  formed  between  Morris,  Nicholson  &  Green- 
leaf,  which  was  designed  to  dispose  of  about  six  millions  of  acres  of 
land  in  Pennsylvania,  Virginia,  Kentucky,  North  and  South  Caro- 
lina and  Georgia.  These  extensive  purchases  and  arrangements  and 


MORRIS.  325 

other  monetary  engagements  led  to  the  bankruptcy  of  Mr.  Morris. 
It  may  also  be  noted  that  in  the  year  1*791  he  purchased  the  whole 
square  of  ground  on  Chestnut  street,  Philadelphia,  extending  from 
Seventh  to  Eighth  street,  and  from  Chestnut  to  Walnut,  except  a  lot 
of  about  fifty  feet  front  on  the  corner  of  Seventh  street,  and  extend- 
ing in  depth  about  250  feet  on  Seventh  street.  For  this  ground  he 
was  to  pay  £10,000.  He  engaged  C.  Enfant,  a  French  architect,  to 
erect  for  hirn  a  splendid  dwelling  house  on  Chestnut  street  on  this 
ground,  and  it  has  been  said  that  his  expenditure  in  the  erection  of 
this  house  contributed  materially  to  his  subsequent  embarrass- 
ment ;  but  Mr.  Westcott,in  his  book  entitled,  The  Historic  Mansions 
of  Philadelphia,  contradicts  this  opinion,  and  states  that  the  ex- 
penditure on  the  building  of  this  house  did  not  much  exceed  thirty 
thousand  dollars. 

Among  the  first  of  his  creditors  in  instituting  suit  against  Mr. 
Morris  was  the  Bank  of  Pennsj-lvania,  and  levy  was  made  on  the 
lot  on  Chestnut  street  previously  described,  and  it  was  sold  at  a  sac- 
rifice. Mr.  Morris  was  arrested,  and  was  confined  in  prison.  The 
first  bankrupt  law  was  passed  on  the  4th  of  April,  1800,  and  was 
to  take  effect  on  the  1st  of  July  following.  John  Nicholson  was 
:ilso  arrested  and  died  in  prison;  but  subsequently  two  thirds  in 
number  and  amount  of  the  creditors  of  Mr.  Morris  agreed  to  his 
discharge,  and  he  was  released  from  imprisonment  in  the  latter  end 
of  1801.  It  is  stated  that  he  was  imprisoned  on  process  to  June 
term,  1798,  and,  if  so,  he  was  in  prison  for  more  than  three  years. 
The  amount  of  debts  proved  against  Mr.  Morris,  according  to  the 
report  of  the  commissioners  of  bankruptcy,  was  nearly  three  mil- 
lions of  dollars.  He  died  on  the  tth  of  May,  1806,  aged  seventy- 
three  years.  During  the  life  of  Mrs.  Morris  she  received  from  the 
Holland  Land  Company  an  annuity  of  $2,000,  in  consideration  of 
her  release  of  dower  in  certain  lands  sold  by  Mr.  Morris  to  that 
company.  One  of  the  sons  of  Mr.  Morris  was  elected  sheriff  of 
Philadelphia  in  1841,  but  died  before  he  had  been  a  year  in  office. 

Mr.  Sullivan,  in  his  book  relative  to  "  Public  Men  of  the  Revolu- 
tion," describes  Mr.  Morris  as  follows  :  In  his  person  (as  now  recol- 
lected) he  was  nearly  six  feet  in  stature  ;  of  large,  full,  well-formed, 
vigorous  frame,  with  clear,  smooth,  florid  complexion.  His  loose 
gray  hair  was  unpowdered.  His  e}res  were  gray,  of  middle  size,  :iud 
uncommonly  brilliant.  He  wore,  as  was  common  at  that  day,  a  full 
suit  of  broadcloth,  of  the  same  color,  and  of  light  mixture.  His 
manners  were  gracious  and  simple,  and  free  from  the  formality  which 
generally  prevailed.  He  was  very  affable,  and  mingled  ill  the  com- 
mon conversation  even  of  the  young. 


326  MORRIS. 

Note  as  to  the  Claim  from  Sea  to  Sea. 

Massachusetts  was  not  the  only  Province  or  State  which  claimed 
such  an  extreme  boundary.  Connecticut,  or  a  portion  of  its  citi- 
zens, claimed  under  it  a  part  of  the  upper  portion  of  Pennsylvania 
under  a  similar  provision  in  its  charter,  and  Virginia  also  claimed 
extension  to  the  western  sea.  The  land  beyond  the  Mississippi  did 
not  belong  to  the  English  Government,  and  where  the  western  sea 
was,  was  not  known  in  England  at  the  dates  of  these  charters. 
Some  of  Chaplain's  men  in  the  early  part  of  the  last  century,  who 
had  been  a  few  days'  march  west  from  Quebec,  reported  that  they 
had  seen  it  from  a  high  mountain.  In  or  about  the  year  160T  when 
the  company  were  soliciting  a  charter  for  Virginia,  it  designed  a 
search  for  the  western  sea,  and  had  a  barge  constructed,  which,  for 
convenience,  might  be  taken  to  pieces.  Captain  Newport,  who  was 
afterwards  Deputy  Governor,  was  instructed  to  ascend  the  James 
river  in  Virginia  as  far  as  the  falls  thereof;  and  then,  cany  ing  the 
barge  beyond  the  falls,  he  was  to  proceed  to  the  South  sea;  and  he 
was  ordered  not  to  return  without  a  lump  of  gold,  or  a  certainty  of 
the  said  sea.  John  Smith,  the  pioneer  of  Virginia,  advised  against 
the  expedition;  but  Captain  Newport  set  off  with  120  men,  and 
went  about  forty  miles  above  the  falls  of  the  James  river,  and  then 
returned  without  having  dug  a  lump  of  gold  or  having  seen  the 
western  sea,  more  than  2,000  miles  away. — See  Paine's  Essay  Pub- 
lic Good,  p.  282-3;  also  1  Bancroft,  129. — Editor. 


AS  TO  OTHER  MEMBERS  OF  THE  FIRST  SENATE. 


JOHN  LANQDON.  He  was  educated  for  mercantile  pursuits.  He 
was  one  of  the  party  who  removed  the  powder  and  milita^  stores 
from  Fort  William  and  Mary  in  1774.  In  1775-6  he  was  a  delegate 
to  Congress.  In  1783  he  was  again  elected.  In  November,  1788, 
he  was  elected  a  member  of  the  United  States  Senate.  From  1805 
to  1808,  and  in  1810  and  1811,  he  was  Governor  of  New  Hampshire. 
He  died  in  August,  1819,  aged  seventy-eight. — Blake. 

PAINE  WINGATE  was  born  in  Stratham,in  New  Hampshire,  May 
14,  1739,  and  graduated  at  Harvard  college  in  1759.  He  was  a 
clergyman  for  several  years  ;  but  in  1789  was  a  Senator  in  Congress, 
and  probably  was  the  last  surviving  member  of  that  body.  In  1798 
he  was  appointed  a  judge  of  the  Supreme  Court  of  New  Hamp- 
shire and  held  this  office  until  1809,  being  then  seventy  years  of  age. 
For  many  3^ears  he  was  the  oldest  graduate  of  Harvard  college. 
He  died  in  1838,  aged  ninety-nine  years.  He  was  highly  esteemed 
by  his  contemporaries. — Blake. 

CALEB  STRONG. — When  Thomas  Jefferson  first  became  President, 
Caleb  Strong  was  Governor  of  Massachusetts.  He  was  born  in  North- 
ampton in  1744  ;  educated  at  Harvard  University ;  by  profession  a 
lawyer  ;  and  was  actively  engaged  in  the  first  scenes  of  the  Revolu- 
tion. As  early  as  1775,  when  he  was  only  thirty-one  years  of  age,  he 
was  a  member  of  the  committee  of  public  safety.  He  was  in  public 
service  during  the  whole  of  revolutionary  times ;  a  member  of  the 
convention  which  framed  the  Federal  Constitution  and  of  that  which 
adopted  it  in  his  native  State.  He  was  a  Senator  in  Congress  from 
1789  to  1797  ;  Governor  of  Massachusetts  from  1800  to  1807  ;  and 
again  elected  in  1812,  and  continued  in  that  office  during  the  war. 
He  refused  to  give  up  the  militia  called  for  at  the  beginning  of  the 
war,  because,  in  his  opinion,  the  call  was  not  warranted  by  the  Con- 
stitution. In  this  opinion  he  was  sustained  by  that  of  the  Supreme 
Judicial  Court. 

Governor  Strong  was  a  tall  man,  of  moderate  fulness,  of  rather 

(327) 


328  OTHER  MEMBERS  OF  THE  FIRST  SENATE. 

long  visage,  dark  complexion  and  blue  eyes.  He  wore  his  hair 
loose,  combed  over  his  forehead,  and  slightly  powdered.  He  had 
nothing  of  the  polish  of  cities  in  his  demeanor,  but  a  gentle  com- 
plaisance and  kindness.  He  was  a  man  of  strong  mind,  calm,  cool 
judgment,  and  of  purest  character  throughout  his  life.  He  died  in 
November,  1819,  aged  seventy-four  years. — Sullivan. 

TRISTRAM  D ALTON  was  born  at  Newburyport,  Massachusetts,  in 
1738,  and  graduated  at  Harvard  in  1755.  He  was  Speaker  of  the 
House  of  Representatives  of  Massachusetts,  and  a  member  of  the 
Senate.  Afterwards  a  member  of  the  United  States  Senate.  He 
was  subsequently  appointed  surveyor  of  the  ports  of  Boston  and 
Charleston,  which  office  he  held  until  his  death  in  181 7.  He  was 
noted  for  gentleness  and  elegance  of  manners — for  mental  cultiva- 
tion and  integrity. — Blake. 

OLIVER  ELLSWORTH  graduated  at  Princeton  in  1766.  In  1777  he 
was  chosen  a  delegate  in  Congress.  In  1784  he  was  appointed  a 
judge  of  the  Supreme  Court  of  Massachusetts.  In  1787  he  was  a 
member  of  the  convention  which  framed  the  Federal  Constitution, 
and  was  afterwards  a  member  of  the  State  convention  and  favored 
its  ratification  by  that  State.  In  1789  he  was  a  member  of  the 
United  States  Senate.  In  1796  he  was  appointed  by  Washington 
Chief  Justice  of  the  Supreme  Court  of  the  United  States  ;  but,  on 
account  of  ill  health  he  resigned  the  office  in  1800.  In  1799  he  was 
appointed  by  President  Adams  envoy  extraordinary  to  France  to 
negotiate  a  treaty.  He  died  in  1807,  aged  sixty-five. — Ben  Perley 
Poore. 

WILLIAM  SAMUEL  JOHNSON  graduated  at  Yale  in  1744.  He  studied 
law,  and  in  1765  he  was  a  delegate  to  the  Congress  which  met  at 
New  York;  and  in  1766  an  agent  of  Connecticut  in  England. 
While  there  he  formed  acquaintance  with  eminent  men,  and  for  years 
was  a  correspondent  of  Doctor  Johnson.  He  returned  in  1771,  and 
in  1772  he  was  appointed  a  judge  of  the  Supreme  Court  of  Con- 
necticut, which  office  he  relinquished  in  1774.  In  1785  he  was  a 
delegate  to  Congress,  and  in  1787  a  member  of  the  convention 
which  framed  the  Federal  Constitution.  He  was  one  of  the  first 
Senators  in  Congress  from  Connecticut,  and  it  is  said  assisted  Mr. 
Ellsworth  in  drawing  the  judiciary  bill.  From  1792  till  1800,  he 
was  the  president  of  Columbia  college ;  after  which  period  he  re- 
sided in  his  native  village  until  his  death  in  1819,  aged  ninety-two. — 
Blake. 


OTHER  MEMBERS  OF  THE  FIIIST  SENATE.  329 

RUFUS  KINO  was  graduated  at  Harvard  college  in  1777  and  was 
admitted  to  the  bar  in  1780.  In  1784  he  was  a  delegate  from  Mas- 
sachusetts in  Congress,  and  whilst  there,  in  March  1785,  he  brought 
forward  and  advocated  the  passage  of  the  resolution  by  which  slav- 
ery was  prohibited  in  the  territory  northwest  of  the  Ohio.  In  1787 
hi1  was  a  member  of  the  convention  which  framed  the  Constitution 
of  the  United  States  and  bore  a  considerable  part  in  its  formation, 
and  was  one  of  the  committee  to  report  a  final  draft  of  it.  In  1788 
he  removed  to  New  York,  and  in  1789  he  and  General  Schuyler 
were  elected  Senators  to  the  first  Senate.  In  1796  he  was  appointed 
by  President  Washington  minister  to  England,  but  returned  in 
1803.  In  1813  he  was  elected  by  the  Democrats  of  New  York  to 
the  United  States  Senate.  In  1825  he  was  again  appointed  minister 
to  England,  but  was  prevented  by  disease  contracted  during  his  pas- 
sage from  the  active  discharge  of  his  duties.  He  remained  abroad 
about  a  year,  when  he  returned.  As  an  orator  he  was  rather  dis- 
tinguished in  Congress.  In  person  he  was  above  the  middle  size. 
His  countenance  was  manly  and  denoted  intelligence  of  a  high  or- 
der. He  died  in  1827  aged  seventy-two. — Blake  and  National  Por- 
trait Gallery,  and  Biographica  Americana. 

As  to  Mr.  King,  Mr.  Sullivan  wrote :  Rufus  King,  at  this  time, 
was  about  thirty-three  years  of  age.  He  was  an  uncommonly  hand- 
some man  in  face  and  form,  and  he  had  a  powerful  mind,  well  culti- 
vated, and  was  a  dignified  and  graceful  speaker.  He  had  the  ap- 
pearance of  one  who  was  a  gentleman  by  nature,  and  who  had  well 
improved  all  her  gifts.  It  is  a  rare  occurrence  to  see  a  finer  assem- 
blage of  personal  and  intellectual  qualities,  cultivated  to  the  best 
effect,  than  were  seen  in  this  gentleman. — See  Vol.  Ill  of  the  Na- 
tional Portrait  Gallery. 

PHILIP  SCHUYLER  was  a  Major  General  in  the  American  army  during 
the  Revolution,  to  which  office  he  was  appointed  in  1775,  and  was 
despatched  to  the  fortifications  in  the  north  of  New  York  for  the 
purpose  of  preparing  for  an  invasion  of  Canada.  His  health  be- 
came impaired  and  the  command  devolved  upon  General  Montgom- 
ery. After  his  recovery  he  was  employed  in  directing  the  military 
operations  in  that  section  ;  and  on  the  approach  of  Burgoyne,  in 
1777,  he  made  efforts  to  obstruct  his  progress.  In  consequence  of 
the  evacuation  of  Ticonderoga  by  General  St.  Clair,  he  became  un- 
reasonably suspected  and  was  superseded  in  the  chief  command  by 
General  Gates.  He  subsequently  rendered  important  services  in  the 
operations  at  New  York,  though  not  in  command.  He  was  a  mem- 
ber of  Congress  previous  to  the  formation  of  the  Federal  Constitu- 


330  OTHER  MEMBERS  OF  THE  FIRST  SENATE. 

tion,  and  afterwards  twice  a  Senator.  He  died  at  Albany  in  1804, 
in  his  seventy-third  year.  He  possessed  a  mind  of  great  vigor  and 
enterprise,  and  was  characterized  by  integrity  and  amiability. — 
Blake. 

WILLIAM  PATERSON.  He  graduated  at  Princeton  in  1*763  in  the 
same  class  with  Tapping  Reeve.  He  was  Attorney  General  of  New 
Jersey  from  17*76  to  1*786.  He  was  a  member  of  the  convetion  which 
framed  the  Federal  Constitution.  In  1*789  he  was  chosen  a  Senator 
of  the  United  States,  but  resigned  in  1790.  In  1791  he  was  elected 
Governor  of  New  Jersey,  and  held  the  office  for  two  years.  In 
1793  he  was  appointed  a  justice  of  the  Supreme  Court  of  the  United 
States,  which  position  he  held  until  his  death.  He  died  September 
9,  1806,  aged  sixty-four  years. — Blake. 

PHILEMON  DICKINSON. — Mr.  Dickinson  was  born  near  to  Dover, 
Delaware,  in  1739.  He  was  an  officer  in  the  Revolutionary  army, 
and  commanded  the  New  Jersey  militia  in  the  battle  of  Monmouth. 
He  was  elected  a  Senator  of  the  United  States  from  New  Jersey  in 
place  of  William  Paterson,  appointed  judge,  and  served  from  De- 
cember 6,  1790,  till  March,  1793.  He  died  in  February,  1809.— 
Blake. 

JONATHAN  ELMER. — Dr.  Jonathan  Elmer  and  Judge  Paterson  were 
the  Senators  from  New  Jersey  in  the  first  Senate  of  the  United 
States.  In  a  notice  by  William  Maclay  in  his  Journal,  under  date 
of  September  3,  1789,  Dr.  Elmer  is  quite  favorably  spoken  of.  Dr. 
Elmer  was  born  in  Cumberland  county,  New  Jersey,  in  November, 
1745.  He  studied  medicine  and  practiced  extensively  in  Jersey,  and 
it  is  said  was  regarded  by  Dr.  Rush  as  a  distinguished  physician. 
He  was,  during  the  Revolution,  an  ardent  Whig,  and  in  the  year 
1774  approved  of  the  destruction  of  the  tea  which  had  been  stored 
at  Greenwich  in  Jersey.  He  held  various  offices  in  that  State,  and 
in  November,  1776,  he  was  chosen  by  the  Legislature  of  that  State 
a  member  of  the  General  Congress,  in  which  body  he  served  for  sev- 
eral years,  and  for  a  while  in  conjunction  with  Richard  Stockton  and 
Dr.  Witherspoon.  After  the  adoption  of  the  Constitution  of  the 
United  States  he  was,  as  a  Federalist,  chosen  a  member  of  the  first 
Senate,  in  which  he  drew  the  shorter  term  of  two  years,  which  ex- 
pired on  the  4th  of  March,  1791. 

He  did  not  confine  his  studies  to  the  science  of  medicine,  but  also 
directed  his  attention  to  the  law,  and  he  became  a  judge  of  the  court 
of  common  pleas.  Whilst  acting  in  that  capacity  he,  as  he  alleged, 


OTHER  MEMBERS  OF  THE  FIRST  SENATE.  331 

following  the  example  of  English  judges  during  the  prevalence  of 
the  plague  in  London ,  directed  a  prisoner  in  confinement  to  be  removed 
from  the  prison,  where  he  was  in  danger  of  or  was  affected  by  disease, 
to  the  house  of  his  mother,  where  he  died.  The  creditor  inhumanly 
brought  suit  against  the  sheriff  for  an  escape  ;  and  when  the  case 
came  up  for  trial,  objection  was  made  to  Judge  Elmer's  sitting  on 
the  case ;  but  he  maintained  his  position  and  the  plaintiff  lost  his 
suit.  On  account  of  his  age  and  failing  health  he  declined  in  1814 
to  remain  longer  on  the  bench.  In  the  year  1798  he  united  himself 
with  the  Presbyterian  church  at  Bridgeton,  and  subsequently  became 
a  ruling  elder  and  an  active  member  of  the  church.  He  died  in  Sep- 
tember, 1817.— Editor. 

RICHARD  BASSETT. — Mr.  Bassett  wa's  born  in  Delaware,  and  re- 
ceived a  liberal  education.  He  studied  law,  and  was  admitted  to 
the  bar  and  practiced.  He  was  a  delegate  from  Delaware  to  the  con- 
vention which  framed  the  Constitution  of  the  United  States ;  and 
was  a  United  States  Senator  from  Delaware  in  the  first  Senate,  serv- 
ing from  March  4,  1789,  till  March  3,  1791.  He  was  a  Presidential 
elector  in  1 7  97 ,  voting  for  Mr.  Adams  as  President ;  was  Governor  of 
Delaware  from  1798  till  1801,  and  was  a  United  States  circuit  judge 
in  1801-2.  He  died  in  September,  1815. — Poore's  Directory. 

GEORGE  READ  was  born  in  Cecil  count}7,  Maryland,  in  1733.  He 
was  admitted  to  the  bar  in  1752.  He  was  Attorney  General  of  the 
three  lower  counties  in  Delaware  from  1763  till  1774.  He  was  a 
delegate  in  the  Continental  Congress  from  1774  to  1777,  and  a  dele- 
gate to  the  State  Constitutional  Convention  of  1776,  and  was  its 
president ;  and  was  a  delegate  from  Delaware  to  the  convention 
which  framed  the  Constitution  of  the  United  States.  He  was  a 
United  States  Senator  from  1789  to  1793  ;  was  the  Chief  Justice  of 
Delaware  from  1793  till  his  death  in  September,  1798.  A  notice  of 
his  life  and  correspondence,  by  his  grandson,  William  Thompson 
Reed,  has  been  published. — Poore's  Directory. 

CHARLES  CARROLL,  of  Carrollton. — The  charter  of  Maryland  was 
obtained  from  Charles  I  by  Lord  Baltimore,  in  June,  1632.  Lord 
Baltimore  was  a  Roman  Catholic,  and  it  is  said  his  avowed  inten- 
tion was  to  erect  an  asylum  in  America  for  persons  of  the  Catholic 
faith.  By  the  charter,  Lord  Baltimore  was  created  absolute  pro- 
prietary, saving  allegiance  to  the  crown.  But  license  was  given  to 
all  British  subjects  to  transport  themselves  thither,  and  they  and 
their  posterity  were  declared  to  be  entitled  to  the  liberties  of  Eng- 


332  OTHER  MEMBERS  OF  THE  FIRST  SENATE. 

lishmen,  as  if  born  within  the  kingdom,  with  power  to  make  laws  for 
the  province  "  not  repugnant  to  the  jurisprudence  of  England." 
At  an  early  period  the  proprietary  had  declared  in  favor  of  religious 
toleration,  and  in  1649  the  Assembly  adopted  that  principle  by  de- 
claring "  that  no  persons  professing  to  believe  in  Jesus  Christ  should 
be  molested  in  respect  to  their  religion,  or  in  the  free  exercise 
thereof."  The  State  thus  became  the  first  of  the  American  States 
in  which  religious  toleration  was  established  by  law. 

In  1702  Charles  Carroll,  the  father  of  Charles  Carroll,  of  Carroll- 
ton,  was  born.  It  is  stated  that  "  he  took  an  active  part  in  the  affairs 
of  the  Provincial  Government ;  and  in  the  religious  disputes  of  the 
time,  stood  prominent  as  one  of  the  leading  and  most  influential 
members  of  the  Catholic  faith."  In  September,  1*737,  his  son,  Charles 
Carroll,  surname  of  Carrollton,  was  born.  At  eight  years  of  age  he 
was  taken  to  France  to  be  educated.  He  remained  there  until  1757, 
when  he  visited  London,  and  there  commenced  the  study  of  law.  In 
1164  he  returned  to  Maryland.  In  1765  the  stamp  act  caused  much 
excitement  in  the  country,  and  Charles  Carroll,  the  subject  of  this 
sketch,  took  a  zealous  part  on  the  side  of  the  colonists.  The  stamp 
act  was  at  length  repealed.  Mr.  Carroll  became  distinguished  as  a 
writer  on  the  popular  side.  The  delegates  of  the  Province  at  length 
prohibited  the  importation  of  tea.  After  this  had  been  done,  a  ves- 
sel arrived  at  Annapolis  with  a  quantity  of  tea  on  board.  Popular 
violence  was  threatened,  and  the  owner  of  the  vessel  applying  to  Mr. 
Carroll,  was  advised  to  burn  the  vessel  and  the  tea  in  it,  which  was 
done,  with  the  sails  of  the  vessel  set  and  its  colors  displayed,  amidst 
the  acclimations  of  the  multitude. 

In  February,  1776,  Mr.  Carroll,  then  a  member  of  the  Maryland 
Convention,  was  appointed  by  the  Continental  Congress  to  visit 
Canada,  in  conjunction  with  Dr.  Franklin,  Samuel  Chase,  and  the 
Rev.  John  Carroll,  to  endeavor  to  influence  the  Canadians  to  unite 
their  efforts  with  those  of  the  United  Provinces  in  the  political  strug- 
gle ;  but  the  defeat  of  General  Montgomery's  army,  and  the  opposi- 
tion of  priests,  rendered  the  mission  abortive.  Mr.  Carroll  arrived 
at  Philadelphia  from  this  mission  when  the  subject  of  independence 
was  under  discussion  in  the  convention.  The  delegates  from  Mary- 
land had  been  instructed  to  refuse  their  assent  for  it ;  but  Mr.  Car- 
roll proceeded  to  Annapolis,  and  in  the  convention  advocated  inde- 
pendence ;  and,  on  the  28th  of  June,  new  instructions  were  given, 
and  on  the  4th  of  July,  1776,  the  votes  of  the  Maryland  delegates 
were  given  for  independence.  Mr.  Carroll  was  appointed  a  delegate 
to  the  convention,  and  took  his  seat  in  it  on  the  18th  of  July.  On 
the  next  day  a  resolution  was  adopted  for  engrossing  the  Declara. 


OTHER  MKMHKIJS  <>F  TIII-:  FIRST  SENATE.  333 

tion  on  parchment,  and  he  was  one  of  those  who  signed  it.  He  as- 
sisted in  framing  the  Constitution  of  Maryland,  and  continued  in 
Congress  until  1778.  He  was  a  member  of  the  Senate  of  the  State 
for  several  years,  and  was  a  member  of  the  first  Senate  of  the  United 
States  from  1789  till  1791.  Subsequently  he  was  without  public 
position.  After  the  death  of  Jefferson  and  Adams  he  was  the  sole 
survivor  of  those  who  signed  the  Declaration.  He  died  on  the  14th 
of  November,  1832,  in  the  ninety-sixth  year  of  his  age.  He  was  de- 
scended from  an  Irish  family,  and  inherited  a  large  estate.  Mr. 
Sullivan  stated  of  him  that  he  was  a  small,  thin  person,  of  gracious, 
polished  manners — that  at  the  age  of  ninety  he  was  still  upright,  and 
could  hear  and  see  as  well  as  men  commonly  do.  He  had  a  smiling 
expression  when  he  spoke  ;  and  that  he  had  none  of  the  reserve  which 
usually  attends  old  age.  He  was  said  to  have  preserved  his  vigor 
by  riding  on  horseback,  and  by  daily  bathing  in  cold  water. 

Oliver  Wolcott,who  was  Secretary  of  the  Treasury  under  the  ad- 
ministration of  Washington  and  Adams,  wrote  of  him,  that  Mr.  C.'s 
opinions  are  such  as  were  to  have  been  expected  from  a  wise,  virtu- 
ous, firm  and  experienced  man.  I  have  long  considered  this  gentle- 
man as  one  of  the  most  distinguished  props  of  society  in  our  coun- 
try." (See  Gibbs  Wolcott,  vol.  2,  p.  446.) 

Charles  Carroll,  the  father  of  Charles  Carroll,  of  Carrollton,  was 
an  agent  of  Lord  Baltimore  ;  and  it  is  probable  that  the  wealth  of 
the  latter  was  mainly  owing  to  lands  obtained  by  his  father  from 
Lord  Baltimore. — Editor. 

JOHN  HENRY  was  born  at  Easton,  Maryland,  and  graduated  at 
Princeton  in  1760,  and  studied  law.  He  was  a  delegate  from  Mary- 
land to  the  Continental  Congress  in  1778  till  1781,  and  from  1784 
till  1787.  He  was  a  United  States  Senator  from  Maryland  from 
March  4,  1789,  till  December,  1797,  when  he  resigned,  having  been 
elected  Governor  of  Maryland.  He  died  in  December,  1798. — Poore's 
Directory. 

RICHARD  HARRY  LEE  was  born  in  Virginia  in  1732,  and  was  sent 
to  England  to  be  educated.  He  returned  in  1751.  In  1758  he  ten- 
dered his  services  to  General  Braddock  as  captain,  but  they  were  de- 
clined. He  was  elected  a  delegate  to  the  House  of  Burgesses  in 
1757  and  took  an  active  part  in  Revolutionary  movements.  He  w:is 
a  member  of  the  first  Congress  in  1774.  On  JunelO,1776,  he  intro- 
duced the  motion  to  declare  independence,  and  when  it  was  adopted 
he  would  have  been  of  course  the  chairman  of  the  committee  to  d  raw 
up  the  Declaration ;  but  sickness  in  his  family  induced  his  absence, 
and  Jefferson  was  fortunately  appointed  to  prepare  the  Declaration. 


334  OTHER  MEMBERS  or  THE  FIRST  SENATE. 

Mr.  Lee  was  reflected  to  Congress  in  1778,  but  retired  in  1780.  He 
served  in  the  State  Legislature  and  as  colonel  in  the  militia.  He 
was  again  in  Congress  in  1784,  and  was  chosen  its  President,  but  re- 
tired at  the  end  of  the  year.  On  the  adoption  of  the  Federal  Con- 
stitution he  was  elected  a  Senator  of  the  United  States.  He  took 
his  seat  in  April.  1789  ;  was  at  one  time  its  President,  but  resigned 
on  account  of  ill  health  in  1792.  He  died  in  Yirginia  in  June,  1794. — 
Poore's  Directory. 

Resolution  from  Virginia. 

The  convention  of  Virginia  on  the  15th  of  May,  17  76,  passed  a  reso- 
lution by  which,  inter  alia,  they  decreed  :  "  That  their  delegates  in 
Congress  be  instructed  to  propose  to  that  body  to  declare  the  United 
Colonies  free  and  independent  States,  absolved  from  all  allegiance 
or  dependence  upon  the  crown  or  Parliament  of  Great  Britain  ;  and 
that  they  give  the  assent  of  the  Colony  to  such  declaration  and  to 
measures  for  forming  foreign  alliances  and  a  confederation  of  the 
Colonies,  providing  that  the  power  of  forming  governments  for  and 
the  regulation  of  the  internal  concerns  of  each  Colony  be  left  to  the 
respective  Colonial  Legislatures." — Bancroft,  Vol.  VIII,  p.  378. 

In  conformity  with  this  resolve  Mr.  Lee,  on  the  10th  of  June, 
1776,  submitted  the  resolution,  "  That  these  Colonies  are  and  of 
right  ought  to  be  free  and  independent  States — that  they  are  ab- 
solved from  all  allegiance  to  the  British  crown  ;  and  that  all  politi- 
cal connection  between  them  and  the  State  of  Great  Britain  is  and 
ought  to  be  totally  dissolved." 

WILLIAM  GRAYSON  was  born  in  Yirginia.  He  received  a  classical 
education  in  England,  graduating  at  the  University  of  Oxford,  and 
studied  law  at  the  Temple  in  London.  After  his  return  he  practiced 
law  at  Dumfries,  Yirginia  ;  and  in  August,  1 776,  he  was  appointed  an 
aid-de-camp  to  General  Washington.  He  entered  the  Revolutionary 
army  as  colonel  of  a  Yirginia  regiment,  in  January,  1777,  and  was 
distinguished  at  the  battle  of  Monmouth.  He  was  appointed  a  dele- 
gate to  the  Continental  Congress,  serving  from  1784  to  1787.  He 
was  a  member  of  the  Yirginia  Convention,  and  on  the  question  of 
adopting  the  Federal  Constitution,  he  opposed  its  adoption.  He  was 
appointed  a  Senator  in  the  first  Congress,  and  took  his  seat  in  May, 
1789,  and  served  until  his  death  at  Dumfries,  Yirginia,  on  his  way 
to  New  York,  then  the  seat  of  the  General  Government,  in  March, 
1790. — Poore's  Directory. 

NOTE.— As  to  Mr.  Grayson,  see  page  71  of  the  sketches.  James  Monroe  was 
the  successor  of  William  Grayson. 


OTHER  MEMBERS  OF  THE  FIRST  SENATE.  335 

RALPH  IZARD  was  born  near  to  Charleston,  South  Carolina,  in  1742. 
He  was  educated  at  Cambridge,  England.  He  inherited  an  ample 
fortune,  and  in  1771  settled  in  London;  but  the  troubled  condition 
of  American  politics  induced  him,  in  1774,  to  retire  to  the  Conti- 
nent. In  1780  he  returned  to  the  United  States,  where  he  was  in- 
strumental in  procuring  the  appointment  of  General  Greene  for  the 
command  of  the  Southern  army.  He  pledged  his  whole  estate  as 
security  for  funds  needed  in  the  purchase  of  ships  of  war  in  Europe. 
In  1781  he  entered  the  Continental  Congress  ;  and  upon  the  adop- 
tion of  the  Federal  Constitution,  he  was  elected  a  United  States 
Senator  from  South  Carolina,  and  he  served  there  from  March  4, 
1789,  till  March  3,  1795.  He  died  near  to  Charleston  May  30, 
1804. — Poore's  Directory  and  American  Cyclopedia. 

PIERCE  BUTLER  was  born  in  Ireland  in  July,  1744,  and  it  is  said 
that  he  was  descended  from  the  family  of  the  Dukes  of  Ormond. 
Before  the  Revolution  he  was  a  major  in  a  British  regiment  in  Bos- 
ton, but  resigned  before  the  Revolution  and  settled  in  Charleston, 
South  Carolina.  In  1787  he  was  a  delegate  from  South  Carolina  to 
the  Continental  Congress,  and  was  a  member  of  the  convention 
which  framed  the  Constitution  of  the  United  States.  He  was  elected 
as  a  Democrat,  United  States  Senator  from  South  Carolina,  serv- 
ing from  March,  1789,  till  1796.  He  was  again  elected  to  the  United 
States  Senate  in  place  of  J.  C.  Calhoun,  deceased,  serving  from 
October,  1803,  till  1804,  when  he  resigned.  He  died  in  Philadelphia 
on  February  15,  1822. —  Poore's  Directory. 

WILLIAM  FEW  was  born  in  Maryland  in  1748.  In  1758  his  father 
removed  to  North  Carolina.  He  received  an  academic  education  ; 
studied  law,  and  was  admitted  to  the  bar  at  Augusta.  He  served 
as  colonel  in  the  Revolutionary  war ;  was  a  delegate  to  the  Conti- 
nental Congress  in  1780,  and  from  1785  till  1788.  He  was  a  dele- 
gate to  the  convention  which  framed  the  Constitution  of  the  United 
States,  and  was  a  United  States  Senator  from  1789  till  1793.  He 
removed  to  the  city  of  New  York  in  1799.  He  was  a  member  of 
the  House  of  Representatives  of  New  York  from  1802  till  1808  ;  and 
died  in  New  York  July  16,  1828.— Poore's  Directory. 

JAMES  GUNN  was  born  in  Virginia.  He  received  an  academic  edu- 
cation ;  studied  law  ;  was  admitted  to  the  bar  and  commenced  prac- 
tice at  Savannah,  Georgia.  He  was  elected  a  United  States  Senator 
from  Georgia  in  the  first  Congress,  and  was  reflected,  serving  from 
March  4,  1789,  till  March  3,  1801. — Poore's  Directory. 

BENJAMIN  HAWKINS. — North  Carolina  was  not  represented  in  the 
Senate  during  the  first  session,  but  adopted  the  Constitution  on  the 


336          OTHER  MEMBERS  OF  THE  FIRST  SENATE. 

14th  of  January,  1790.  At  the  second  session  of  the  Senate  Benja- 
min Hawkins  appeared  on  the  13th  of  January,  1790,  as  a  Senator 
from  North  Carolina,  and  on  the  29th  of  the  same  month  Samuel 
Johnson  appeared  as  a  Senator  from  the  same  State.  Benjamin  Haw- 
kins was  born  in  North  Carolina  in  August,  1754.  He  received  a 
classical  education  ,  was  at  Princeton  college,  but  the  Revolution- 
ary war  suspended  the  college  exercises  whilst  he  was  in  the  senior 
class.  Having  acquired  a  knowledge  of  the  French  language  he  was 
placed  on  the  staff  of  General  Washington  as  interpreter,  and  was 
at  the  battle  of  Monmouth  and  other  engagements.  He  was  a  dele- 
gate to  the  Continental  Congress  from  1781  to  1784,  and  from  1786 
to  1787.  He  was  appointed  by  Congress  as  commissioner  to  nego- 
tiate treaties  with  the  Creeks  and  Cherokees  in  1785.  He  was  elected 
a  Senator  in  the  first  Congress,  serving  from  January  13,  1790,  till 
March  3,  1795.  He  was  appointed  by  General  Washington  in  1796 
agent  for  all  of  the  Indian  tribes  south  of  the  Ohio  river,  and  held  the 
office  by  successive  appointments  until  his  death  at  the  Creek  agen- 
cy, June  6,  1816. — Poore's  Directory. 

SAMUEL  JOHNSTON  was  born  in  Scotland  in  1733,  and  immigrated, 
in  early  life,  to  Chowan  county,  North  Carolina.  He  was  a  dele, 
gate  to  a  State  meeting  in  North  Carolina  in  1755,  and  its  modera- 
tor ;  and  was  the  chief  magistrate  in  North  Carolina  between  the 
time  of  the  abdication  of  the  last  of  the  royal  governors  and  the  ac- 
cession of  the  first  State  Governor.  He  was  elected  a  delegate  to 
the  Continental  Congress  from  1780  to  1782,  and  was  president  of 
the  State  Convention  in  1788  to  consider  the  Federal  Constitution, 
which  was  then  rejected.  He  was  also  the  president  of  the  conven- 
tion in  1789,  which  ratified  the  Constitution.  He  was  elected  a 
Senator  to  the  first  Congress  as  a  Federalist,  serving  from  January 
29,  1790,  till  March  2,  1793.  He  was  appointed  judge  of  the  Supe- 
rior Court  of  North  Carolina  in  February,  1800,  which  position  he 
resigned  in  November,  ]  803.  He  died  near  to  Edenton,  in  North 
Carolina,  in  August,  1816. — Poore's  Directory. 

JAMES  MONROE,  of  Yirginia. — James  Monroe,  appointed  by  the 
Legislature,  appeared  as  a  Senator  from  Yirginia,  on  December  6, 
1790,  William  Grayson,  a  former  Senator,  having  died.  James  Mon- 
roe was  born  in  Westmoreland  county,  Yirginia,  on  April  28,  1758. 
He  received  a  liberal  education,  graduating  at  William  and  Mary 
College,  in  Yirginia,  in  1 776.  He  joined  the  Revolutionary  army  as 
a  cadet,  became  a  captain,  and  participated  in  several  engagements. 
He  studied  law  under  Thomas  Jefferson.  He  was  a  member  of  the 
House  of  Representatives  of  Yirginia  in  1782,  and  a  delegate,  from 


OTHER  MEMBERS  OF  THE  FIRST  SENATE.  337 

Virginia,  to  the  Continental  Congress  from  1783  to  1786.  He  was 
a  member  of  the  United  States  Senate  from  1790  to  1794  ;  was  min- 
ister to  France  from  May,  1794,  to  December,  1796  ;  was  Governor 
of  Virginia  from  1799  to  1802  ;  was  again  minister  to  France  from 
January  till  July,  1803  ;  was  minister  to  England  in  1803,  and  to 
Spain  in  1805.  He  returned  home  in  1808,  and  again  became  Gov- 
ernor of  Virginia.  He  was  Secretary  of  State  of  the  United  States 
from  November,  1811,  till  March  3,  1817.  He  was  elected  and  re- 
flected President  of  the  United  States,  serving  from  4th  March,  1817, 
till  March  3,  1825.  He  retired  to  his  own  farm  in  London  county, 
Virginia,  and  resided  there  till  1831,  when  he  removed  to  the  city 
of  New  York,  where  he  died  on  the  4th  of  July,  1831. — Poore's  Di- 
rectory. 

JOSEPH  STANTON. — Rhode  Island  did  not  adopt  the  United  States 
Constitution  until  17 90,  and  was  not  represented  in  the  Senate  dur- 
ing the  first  and  second  sessions ;  but  at  the  third  session  of  the 
Senate,  which  was  held  at  Philadelphia,  Mr.  Stanton  and  Mr.  Fos- 
ter, in  December,  1790,  appeared  as  Senators  from  that  State. 
Joseph  Stanton  was  born  at  Charleston,  Rhode  Island,  in  July, 
1739.  He  served  as  second  lieutenant  in  a  Rhode  Island  regiment 
raised  for  the  expedition  to  Canada  in  1759 ;  was  a  member  of  the 
General  Assembly  of  Rhode  Island  from  1768  till  1774  ;  was  a 
member  of  the  Committee  of  Safety  in  January,  1775,  and  was 
colonel  of  a  Rhode  Island  regiment  in  1776.  He  was  a  delegate  to 
the  State  Convention  of  1790,wrhich  in  or  about  May,  1790^  adopted 
the  Federal  Constitution.  He  was  elected  a  United  States  Senator 
from  Rhode  Island  as  a  Democrat,  serving  from  the  15th  of  Decem- 
ber, 1790,  till  March  3,  1793.  He  was  elected  a  Representative  to 
the  Seventh  Congress  as  a  Democrat,  and  was  elected  to  the  Eighth 
Congress  and  to  the  Ninth,  serving  till  March  3, 1807.  He  died  at 
Charleston,  Rhode  Island. — Poore's  Directory. 

THEODORE  FOSTER  was  born  at  Brookfield,  Massachusetts,  in  April, 
1752.  He  received  a  classical  education,  graduating  at  the  Rhode 
Island  college,  (now  Brown's  university,)  1770,  and  again  at  Darts- 
mouth  college,  in  New  Hampshire,  in  1786.  He  studied  law,  and 
commenced  practice  at  Providence,  Rhode  Island.  He  was  a  mem- 
ber of  the  House  of  Representatives  of  Rhode  Island  from  1776  to 
1782 ;  was  appointed  a  judge  of  the  admiralty  court  in  May,  1785, 
and  was  elected  a  United  States  Senator  from  Rhode  Island,  serving 
from  December  17,  1790,  till  March  3,  1803.  He  was  a  member  of 
the  House  of  Representatives  of  Rhode  Island  from  1812  to  1816, 
and  died  at  Providence  January  13,  1828. — Poore's  Directory. 
22 


MISCELLANEOUS. 


Notices  of  other  persons  not  members  of  the  first  Senate,  but  who 
were  distinguished  either  in  the  civil  or  military  service  in  the 
course  of  the  Revolution. 

SAMUEL  ADAMS. — Jefferson  wrote,  in  1819,  of  Samuel  Adams  :  I 
can  say  that  Samuel  Adams  was  truly  a  great  man ;  wise  in  coun- 
cil, fertile  in  resources,  immovable  in  his  purposes,  and  had,  I  think, 
a  greater  share  than  any  other  member  in  advising  and  directing  our 
measures  in  the  Northern  war.  As  a  speaker  he  could  not  be  com- 
pared with  his  living  colleague  and  namesake,  whose  deep  concep- 
tions, nervous  style,  and  undaunted  firmness,  made  him  truly  our 
bulwark  in  debate.  But  Mr.  Samuel  Adams,  although  not  of  fluent 
elocution,  was  so  vigorously  logical,  so  clear  in  his  views,  abundant 
in  good  sense,  and  master  always  of  his  subject,  that  he  commanded 
the  most  profound  attention  whenever  he  rose  in  an  assembly,  by 
which  the  froth  of  declamation  was.  heard  with  the  most  profound 
contempt. — RandalVs  Jefferson,  vol.  1,  page  182. 

And  according  to  Mr.  Trist's  memoirs,  Jefferson,  on  another  occa- 
sion, remarked :  "  If  there  was  any  Palinurus  to  the  Revolution, 
Samuel  Adams  was  the  man.  Indeed,  in  the  Eastern  States,  for  a 
year  or  two  after  it  began,  he  was  truly  the  Man  of  the  Revolution. 
He  was  constantly  holding  caucuses  of  distinguished  men,  (among 
whom  was  R.  H.  Lee,)  at  which  the  generality  of  the  measures  pur- 
sued were  previously  determined  on,  and  at  which  the  parts  were 
assigned  to  the  different  actors,  who  afterwards  appeared  in  them. 
John  Adams  had  very  little  part  in  these  caucuses  ;  but  as  one  of  the 
actors  in  the  measures  decided  on  in  them,  be  was  a  Colossus."- 
Randall,  182. 

Galloway  afterwards  wrote  :  "  Samuel  Adams  eats  little,  sleeps 
little,  thinks  much,  and  is  most  indefatigable  in  the  pursuit  of  his 
object.  It  was  this  man  who,  by  superior  application,  managed  at 
once  the  factions  in  Congress  at  Philadelphia,  and  the  factions  of 
New  England." — Galloway,  vol.  4,  P'  356S  quoted  in  4th  Grahame's 
History  U.  S.,  p.  389. 

Samuel  Adams  was  of  common  size,  of  muscular  form,  light-blue 

(338) 


MISCELLANEOUS,  339 

63-68,  light  complexion,  and  erect  in  person.  He  wore  a  tie  wig, 
cocked  hat,  and  red  cloak.  His  manner  was  very  serious.  At  the 
close  of  his  life,  and  probably  from  early  times,  he  had  a  tremulous 
motion  of  the  head,  which  probably  added  to  the  solemnity  of  his 
eloquence,  as  this  was,  in  some  measure,  associated  with  his  voice. 
He  was  in  favor  of  adopting  the  Federal  Constitution,  but  became 
an  opponent  to  the  administration.  Though  he  and  Hancock  were 
the  only  two  men  excepted  in  the  British  proclamation  of  amnesty, 
they  were,  at  one  time,  on  very  ill  terms  with  each  other  from  dif- 
erences  of  opinion.  He  died  in  1803. — Sullivan,  142-3. 

Samuel  Adams  died  in  1803,  aged  seventy.  He  was  a  poor  man 
at  his  death.  He  left  scarcely  property  enough  to  pay  the  expenses 
of  his  funeral. — Hawthorn,  241,  Grandfather's  Chair. 

JAMES  MADISON. — Mr.  Madison  was  a  man  of  small  stature  and 
grave  appearance.  At  the  close  of  his  presidency  he  seemed  to  be 
a  care-worn  man,  and  seemed,  by  his  face,  to  have  attained  to  a  more 
advanced  age  than  was  the  fact.  He  had  a  calm  expression,  a  pene- 
trating blue  eye,  and  looked  like  a  thinking  man.  He  was  dressed 
in  black,  was  bald  on  the  top  of  his  head,  powdered,  of  rather  pro- 
tuberant person  in  front,  small  lower  limbs,  slow  and  deliberate  in 
speech.  Mr.  Madison  was  a  warm  advocate  for  the  Union,  and  the 
associate  of  Jay  and  Hamilton  in  the  effort  to  make  it  acceptable  fo 
the  public.  But  he  early  became  an  opponent  of  the  administration, 
and  closely  allied  to  Mr.  Jefferson. — Sullivan,  140. 

There  was  much  opposition  in  Virginia,  as  well  as  in  New  York, 
to  the  Federal  Constitution  without  the  amendments  proposed  in 
their  several  conventions.  This  opposition  was  strongly  manifested 
in  V  irginia  in  the  choice  of  the  first  Senators.  Mr.  Madison,  who  had 
been  instrumental  in  its  formation  and  adoption,  was  a  candidate  for 
the  Senate,  but  was  defeated.  Richard  Henry  Lee  and  William 
( J  r:i yson  were  elected.  Mr.  Grayson,  with  Patrick  Henry  and  others, 
had  opposed  its  ratification  without  amendments. — Pitkin,  832-375. 

M  r.  Madison  is  thus  described  b}-  Fisher  Ames,  in  a  letter  dated 
May  3,  1789  :  (See  Ames'  Works,  1,  35-6.) 

Madison  is  a  man  of  sense,  reading,  address  and  integrity — as  'tis 
allowed,  very  much  Frenchified  in  his  politics.  He  speaks  low, 
his  person  is  little  and  ordinary.  He  speaks  decent!}'  as  to  manner 
and  no  more.  His  language  is  very  pure,  perspicuous  and  to  the 
point.  Pardon  me,  if  I  add,  I  think  him  too  much  of  a  book  politi- 
cian, and  too  timid  in  his  politics,  for  prudence  and  caution  are  op- 
posites  of  timidity.  He  is  not  a  little  of  a  Virginian,  and  thinks  that 
State  the  land  of  promise  ;  but  is  afraid  of  their  State  politics,  and 


340  MISCELLANEOUS 

of  his  popularity  there,  more  than,  I  think,  he  should  be.     *     *     * 
He  is  our  first  man. 

In  a  subsequent  letter,  dated  May  18,  17 89,  he  remarks  further  : 
Madison  is  cool  and  has  an  air  of  reflection  which  is  not  very  dis- 
tant from  gravity  and  self-sufficiency.  In  speaking  he  never  relaxes 
into  pleasantry,  and  discovers  little  of  that  warmth  of  heart  which 
gives  efficacy  to  George  Cabot's  reasoning,  and  to  Lowell's.  His 
printed  speeches  are  more  faithful  than  any  other  person's,  because 
he  speaks  very  slow,  and  his  discourse  is  strongly  marked.  He  states 
a  principle  and  deduces  consequences  with  clearness  and  simplicity. 
Sometimes  declamation  is  mingled  with  argument,  and  he  appears 
very  anxious  to  carry  a  point  by  other  means  than  addressing  the 
understanding.  He  appeals  to  popular  topics  and  to  the  pride  of 
the  House — such  as,  that  they  have  voted  before  and  will  be  con- 
sistent. I  think  him  a  good  man  and  an  able  man,  but  he  has  rather 
too  much  theory,  and  wants  that  discretion  which  men  of  business 
commonly  have.  He  is  also  very  timid,  and  seems  evidently  to  want 
manly  firmness  and  energy  of  character. — Ames'  Works;  vol.  1, 41- J$- 

GENERAL  HENRY  KNOX. — General  Knox  was  a  bookseller  and 
bookbinder  at  Boston,  when  the  war  began,  at  which  time  he  was 
twenty-five  years  of  age.  He  had  been  a  captain  of  a  grenadier 
company,  and  was  a  volunteer  at  the  battle  of  Bunker  Hill.  He  met 
Washington  at  Cambridge,  in  1776,  and  was  immediately  made  chief 
of  artillery,  in  which  relation  he  continued  during  the  war,  and  al- 
ways near  headquarters.  He  served  throughout  the  war,  and  left 
the  service  with  the  rank  of  Major  General.  He  was  nominated  for 
the  War  Department  by  General  Washington  on  the  1 1th  of  Sep- 
tember, 1789.  When  he  resigned  that  office  at  the  close  of  the  year 
1794,  he  removed  to  Boston,  and  for  some  years  resided  there.  He 
was  a  large  man,  above  middle  stature  ;  his  lower  limbs  inclined  a 
little  outward,  as  though  they  had  taken  a  form  from  the  long  con- 
tinued use  of  the  saddle.  His  hair  was  short  in  front,  standing  up, 
powdered  and  queued.  His  forehead  was  low ;  his  face  large  and 
full  below ;  his  eyes  rather  small,  gray  and  brilliant.  The  expres- 
sion of  his  face  altogether,  was  a  very  fine  one.  When  moving  along 
the  street  he  had  an  air  of  grandeur  and  complacency.  He  carried 
a  large  cane,  not  to  aid  his  steps,  but  usually  under  his  arm,  and 
sometimes,  when  he  happened  to  stop  and  engage  in  conversation 
with  his  accustomed  ardor,  his  cane  was  used  to  flourish  with  in  aid 
of  his  eloquence.  He  was  usually  dressed  in  black.  In  the  summer 
he  commonly  carried  his  light  silk  hat  in  his  hand  when  walking  in 
the  shade.  His  left  hand  had  been  mutilated,  and  a  part  of  it  was 


MISCELLANEOUS.  341 

gone.  He  wore  a  black  handkerchief  wrapped  around  it,  from  which 
the  thumb  and  forefinger  appeared.  When  engaged  in  conversation 
he  used  to  unwind  and  replace  the  handkerchief,  but  not  so  as  to  ex- 
pose his  disfigured  hand.  His  voice  was  strong.  His  mind  was 
powerful,  rapid  and  decisive,  and  he  could  employ  it  continuously  and 
effectively.  His  natural  propensity  was  highly  social,  and  no  man 
better  enjoyed  a  hearty  laugh.  He  said  that  he-had  through  life  left 
his  bed  at  the  dawn,  and  had  been  always  a  cheerful,  happy  man. 

His  hospitality,  generosity,  and  too  confident  a  calculation  on  the 
productiveness  of  sales  of  extensive  tracts  of  land  in  Maine,  led  him 
into  embarrassment  towards  the  close  of  his  life.  He  died  at  his 
splendid  mansion  at  Thomaston,  in  Maine,  in  the  year  1806. — Sulli- 
van, 130-1. 

M  r.  Sullivan  further  remarks  that  when  living  in  his  splendid  man- 
sion in  Maine,  it  was  not  unusual  for  General  Knox,  in  the  summer 
when  numbers  of  his  friends  visited  him,  to  have  killed  an  ox  and 
twenty  sheep  on  every  Monday  morning  ;  and  to  have  made  up  daily 
an  hundred  beds,  in  his  own  house.  He  kept  for  his  own  use  and 
that  of  his  friends,  twenty  saddle  horses  and  several  pairs  of  carriage 
horses.  This  style  of  living  was  too  much  for  his  means,  and  he 
became  embarrassed,  as  before  observed. 

BENJAMIN  LINCOLN,  a  Revolutionary  officer,  Secretary  of  War,  and 
first  collector  of  the  port  of  Boston.  In  1794  he  was  about  sixty 
years  of  age.  He  had  received  only  an  inferior  education,  but  had 
done  much  to  compensate  its  defects.  Before  the  war  he  had  been 
a  member  of  the  Legislature  and  a  militia  colonel.  He  was  about 
five  feet  nine  inches  in  stature,  and  of  so  uncommonly  broad  person 
as  to  seem  to  be  of  less  stature  than  he  was.  His  gray  hair  was 
combed  back  from  his  forehead,  unpowered  and  gathered  in  a  long 
queue.  His  face  was  round  an*  full ;  his  eyes  blue,  and  his  com- 
plexion light.  He  was  usually  dressed  in  a  blue  coat  and  light  un- 
derclothes, and  wore  a  cocked  hat.  He  always  appeared  in  boots, 
in  consequence  of  a  deformity  of  his  left  leg,  occasioned  by  a  wound 
received  at  the  capture  of  Burgoyne.  His  speech  was  with  apparent 
difficulty,  as  though  he  were  too  full.  The  expression  of  his  counte- 
nance was  exceedingly  kind  and  amiable.  His  manner  was  very  gra- 
cious ;  and  like  those  of  all  the  high  officers  of  the  Revolution,  his 
deportment  was  dignified  and  courteous.  He  wrote  essays  on  sev- 
eral subjects,  commercial,  agricultural  and  philosophical.  He  em- 
ployed some  one  to  read  these  essays,  and  assigned  as  a  reason  that 
lu'iug  entirely  ignorant  of  the  grammatical  construction  of  language, 
he  could  judge  only,  by  the  sound,  of  its  correctness.  He  was  af- 


342  MISCELLANEOUS. 

flicted  with  somnolency.  This  was  not  occasioned  by  age,  but  was 
constitutional.  In  the  midst  of  conversation,  at  table,  and  when 
driving  himself  in  a  chaise,  he  would  fall  asleep.  When  he  com- 
manded the  troops  against  the  Massachusetts  insurgents  he  dictated 
dispatches  and  slept  between  the  sentences.  His  sleep  did  not  ap- 
pear to  disturb  his  perception  of  circumstances  that  were  passing 
around  him.  He  was  a  man  of  exemplary  morals,  and  of  sincere 
piety,  carrying  fully  into  practical  life  the  ethics  of  the  religion  he 
professed.  He  enjoyed  the  high  respect  and  confidence  of  Wash- 
ington, and  the  affectionate  regard  of  his  fellow  officers.  He  per- 
formed his  various  trusts  with  ability  and  integrity.  He  was  presi- 
dent of  the  Cincinnati.  He  died  in  1810  at  an  advanced  age.  He 
was  collector  of  the  port  of  Boston,  and  was  one  of  the  few  whom 
Jefferson  did  not  turn  out  of  office.  He  at  length  retired  from  the 
office. — Sullivan,  128-9. 

JOHN  JAY  was  the  first  Chief  Justice  of  the  United  States.  Whilst 
occupying  that  position  he  was  appointed  by  President  Washington 
minister  to  England,  where  he  negotiated  the  treaty  known  as  Jay's 
treaty,  and  which  was  the  subject  of  bitter  contest  before  its  con- 
firmation by  precisely  the  constitutional  majority  (two  thirds)  of 
the  Senate. 

Mr.  Jay  was  descended  from  one  of  the  Protestant  families  usu- 
ally called  Huguenots.  This  name,  which  appears  to  be  of  uncertain 
derivation,  like  Puritan,  was  given  to  a  certain  class  of  Christians. 
In  1598,  after  Henry  the  Fourth,  of  France,  had  fought  his  way 
to  the  throne,  he  issued  the  edict  of  Nantes,  by  which  he  assured 
to  all  his  Protestant  subjects  the  rights  and  privileges  enjoyed 
by  those  who  were  Catholics.  In  1685  this  edict  was  revoked  by 
Louis  XIV.  Many  of  the  Huguenots  escaped  from  France  and 
established  themselves  elsewhere ;  their  skill,  talents  and  industry 
being  thus  lost  to  France.  The  parents  of  Mr.  Jay  settled  in  New 
York.  He  was  born  in  this  country.  He  was  forty-four  years  of 
age  when  appointed  Chief  Justice  in  It 90.  His  height  was  a  little 
less  than  six  feet ;  his  person  thin,  but  well  formed.  His  complexion 
was  without  color  ;  his  eyes  black  and  penetrating ;  his  nose  aquiline, 
and  his  chin  pointed.  His  hair  came  over  his  forehead,  was  tied  be- 
hind, and  lightly  powdered.  His  dress  was  black.  The  expression 
of  his  face  was  exceedingly  amiable.  -  When  standing  he  was  a  lit- 
tle inclined  forward.  His  manner  was  gentle  and  unassuming.  This 
impression  of  him  was  renewed  in  17 95,  in  New  York.  He  had  re- 
turned from  his  mission  to  England,  in  that  year,  and  had  been 
chosen  Governor  of  New  York,  which  office  he  assumed  in  July. 


MISCELLANEOUS.  343 

He  was  then  about  fifty.  His  deportment  was  tranquil  and  unas- 
suming, and  one  who  had  met  him,  not  knowing  who  he  was,  would 
not  have  been  led  to  suppose  that  he  was  in  the  presence  of  one 
eminently  gifted  by  Nature  with  intellectual  power,  and  who  had 
sustained  so  many  offices  of  hi^h  trust  and  honor.  *  *  *  * 
Throughout  his  useful  and  honorable  life  he  was  governed  by  the 
dictates  of  an  enlightened  Christian  conscience.  He  thought  and 
acted  under  the  conviction  that  there  is  an  accountability  far  more 
serious  than  any  which  men  can  have  to  their  fellow  men. — Sullivan, 

90-2. 

As  to  Dress. 

About  the  year  1760  dress  was  much  attended  to  by  both  sexes. 
Coats  of  ever}^  variety  of  color  were  worn,  not  excepting  red. 
Sometimes  the  cape  and  collar  were  of  velvet,  and  of  a  different 
color  from  the  coat. — Sullivan,  67. 

About  the  end  of  the  century  the  forms  of  society  underwent  a 
change.  The  leveling  process  of  France  began  to  be  felt.  Powder 
for  the  hair  began  to  be  unfashionable.  A  loose  dress  for  the  lower 
limbs  was  adopted.  Wearing  the  hair  tied  was  given  up,  and  short 
hair  became  common.  Colored  garments  were  out  of  use,  and  dark 
or  black  were  substituted.  Buckles  disappeared.  The  style  of  life 
had  acquired  more  of  elegance  as  means  had  increased.  Crowded 
evening  parties  were  not  as  common  then  as  they  are  now.  There 
was  more  of  sociability  and  less  form  of  display  than  there  is  now. — 
Sullivan,  145. 

% 

Articles  of  Provisions  in  the  Constitution  of  the  United  States,  to 
which  Reference  is  made  on  pages  13-14  of  the  Preface;  or  in 
Sketches  of  Debate  Relative  to  Power  in  the  President  to  Remove 
from  Office  without  the  Sanction  of  the  Senate — and  as  to  the  Judicial 
Power. 

The  Preamble  to  the  Constitution  of  the  United  States. 
We,  the  people  of  the  United  States,  in  order  to  form  a  more  per- 
fect union,  establish  justice,  insure  domestic  tranquility,  provide  for 
the  common  defense,  promote  the  general  welfare,  and  secure  the 
blessings  of  liberty  to  ourselves  and  our  posterity,  do  ordain  and 
establish  this  Constitution  for  the  United  States  of  America. — 1 
Wheaton,  324  /  4  Wheaton,  403. 

Article  First  of  the  Constitution. 

SECTION  8.  Congress  shall  have  power  to  lay  and  collect  taxes, 
duties,  imports  and  excises  to  pay  the  debts,  and  provide  for  the 

NOTE.— The  italics  are  not  used  in  the  Constitution. 


344  MISCELLANEOUS. 

common  defense  and  general  welfare  of  the  United  States  ;  but  all 
duties,  imposts,  and  excises  shall  be  uniform  throughout  the  United 
States,  &c. 

As  to  the  Power  of  the  President. 

ARTICLE  II,  SECTION  2.  He  shall  have  power,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  to  make  treaties,  provided  two  thirds 
of  the  Senate  present  concur ;  and  he  shall  nominate,  and  by  and 
with  the  advice  and  consent  of  the  Senate,  shall  appoint  ambassa- 
dors, other  public  ministers  and  consuls,  judges  of  the  Supreme 
Court,  and  all  officers  of  the  United  States,  whose  appointments 
are  not  herein  otherwise  provided  for,  and  which  shall  be  established 
by  law.  But  Congress  may,  by  law,  vest  the  appointment  of  such 
inferior  officers,  as  they  think  proper,  in  the  President  alone,  in  the 
courts  of  law,  or  in  the  heads  of  department. 

SECTION  3.  The  President  shall  have  power  to  fill  up  all  vacancies 
that  may  happen  during  the  recess  of  the  Senate,  by  granting  com- 
missions, which  shall  expire  at  the  end  of  their  next  session. 

SECTION  3.  He  shall,  from  time  to  time,  give  to  Congress  infor- 
mation of  the  state  of  the  Union,  and  recommend  to  their  consid- 
eration such  measures  as  he  shall  judge  necessary  and  expedient; 
he  may,  on  extraordinary  occasions,  convene  both  houses,  or  either 
of  them  ;  and  in  case  of  disagreement  between  them  with  respect  to 
the  time  of  adjournment,  he  may  adjourn  them  to  such  time  as  he 
shall  think  proper ;  he  shall  receive  ambassadors  and  other  public 
ministers  ;  he  shall  take  care  that  the  laws  be  faithfully  executed, 
and  shall  commission  all  the  officers  of  the  United  States. 

SECTION  4.  The  President,  Yice  President,  and  all  civil  officers  of 
the  United  States,  shall  be  removed  from  office  on  impeachment 
for,  and  conviction  of,  treason,  bribery,  or  other  high  crimes  and 
misdemeanors. 

As  to  the  Judiciary. 

ARTICLE  III,  SECTION  2.  The  judicial  power  of  the  United  States 
shall  be  vested  in  one  Supreme  Court,  and  in  such  inferior  courts  as 
Congress  may,  from  time  to  time,  ordain  and  establish.  The  judges, 
both  of  the  Supreme  and  inferior  courts,  shall  hold  their  offices  dur- 
iug  good  behavior ;  and  shall,  at  stated  times,  receive  for  their  ser- 
vices a  compensation  which  shall  not  be  diminished  during  their 
continuance  in  office. 

2.  The  judicial  power  shall  extend  to  all  cases,  in  law  and  equity, 
arising  under  this  Constitution,  the  laws  of  the  United  States,  and 

NOTE. — The  italics  used  above  are  not  in  the  Constitution. 


MISCELLANEOUS.  345 

treaties  made,  or  which  shall  be  made,  under  their  authority  ;  to  all 
cases  affecting  ambassadors  or  other  public  ministers  and  consuls ; 
to  all  cases  of  admiralty  and  maritime  jurisdiction,  to  controversies 
to  which  the  United  States  shall  be  a  party ;  to  controversies  be- 
tween two  or  more  States  ;  between  a  State  and  citizens  of  another 
State  ;  between  citizens  of  different  States  ;  between  citizens  of  the 
same  State  claiming  lands  under  grants  of  different  States,  and  be- 
tween a  State,  or  the  citizens  thereof,  and  foreign  States,  citizens,  or 
subjects. 

Third  Congress^  Second  Session,  December  2,  1793. 

ARTICLE  XI.  The  j  udicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  equity,  commenced  or 
prosecuted  against  one  of  the  United  States,  by  citizens  of  another 
State,  or  *by  citizens  or  subjects  of  any  foreign  State. 

Essay  on  Imprisonment  for  Debt,  by  Mr.  Maclay. 

Imprisonment  for  debt  having  been  introduced,  with  other  British 
customs,  at  the  first  settlement  of  the  country,  public  prejudice  was 
in  its  favor.  Great  was  the  grief  and  misery  attendant  on  it ;  but  it 
seemed  to  be  classed  with  the  ills  inseparable  from  the  lot  of  human- 
it  Y.  mid  the  result  of  British  wisdom  and  experience.  Investigation 
will  remove  this  veil  of  prej  udice  and  predilection  for  ancient  cus- 
tom. To  the  person  who  will  cast  his  eye  back  on  British  practice 
it  will  be  found  that  no  such  thing  existed  at  common  law.  Juris- 
prudence, both  civil  and  criminal,  was  in  the  earliest  times  adminis- 
tered in  a  common  court,  called  the  Eegia  aula,  or  Royal  Hall.  Dis- 
tinctions naturally  presented  themselves,  and  this  great  court  was 
sub-divided  into  a  number  of  others,  the  principal  of  which  were  the 
King's  Bench  and  the  Common  Pleas.  Offenses  against  the  peace, 
order  and  regularity  of  society  were  considered  as  committed  against 
the  Government,  and,  of  course,  fell  to  the  cognizance  of  the  King's 
Bench.  Actions  between  man  and  man,  of  a  pecuniary  nature  re- 
specting property,  fell  to  the  court  of  Common  Pleas.  In  the  pro- 
ceedings of  the  first  or  King's  Bench,  where  personal  liberty  was  used 
to  exercise  violence  and  injure  the  liberty  of  another,  arrests  were 
allowed,  more  especially  as  offenses  of  this  kind  could  and  often  were 
committed  by  persons  who  had  no  property.  The  demands  prose- 
cuted in  the  Common  Pleas  were  against  property  only,  and,  of  course, 
personal  liberty  was  not  considered  as  the  proper  object  of  process. 
Great  competition  took  place  between  these  courts,  and  the  utmost 
stretch  of  ability  was  exerted  to  try  who  should  engross  the  busi- 
ness. In  order  to  this  the  King's  Bench,  under  the  law  maxim  that 


346  MISCELLANEOUS. 

in  fictione  juris  consistat  equitas,  feigned  trespasses  where  none  ex- 
isted ;  and,  of  course,  all  their  process  was  by  arrest.  When  dis- 
pute happens  between  two  persons  it  is  easy  to  conceive  that  a  law 
case  or  suit  is  the  consequence  ;  but  to  feign  a  trespass,  which  im- 
plies violence  to  be  committed  in  such  case,  after  such  case  had  hap- 
pened, is  absolute  nonsense.  Yet  the  thing  obtained,  and  trespass 
on  the  case,  trespass  in  debt,  are  common  law  terms.  It  is  true 
practice  has  assigned  a  kind  of  meaning  to  them,  and  you  can  guess 
by  them  whether  the  demand  is  on  a  note  or  bond,  as  different  in- 
gredients will  sometimes  produce  a  third  something  by  mixture. 
But  nothing  can  be  more  absurd  than  the  terms  so  applied  in  their 
original  meaning ;  and  yet  by  such  absurdity  was  the  liberty  of 
freemen  lost.  The  feigned  trespass  was  first  set  forth  in  the  pro- 
ceedings ;  then  came  the  ac  etiam  clause,  stating  the  debt  after  he 
was  in  custody  for  the  trespass,  &c.  All  these  petty  proceedings 
were  carried  on  by  what  lawyers  call  the  trinum  in  lege  ;  and  by 
such  tricks  the  King's  Bench  obtained  a  superiority. 

But  the  Common  Pleas  also  fell  to  fictions,  and  they  tried  their 
clausum  fregit — their  etiams,  &c.,  too,  for  they  found  they  must 
gratify  the  vengeance  of  creditors  as  well  as  the  King's  Bench,  or 
they  would  have  no  business.  And  thus  imprisonment  for  debt  be- 
came general. 

Such  a  picture  is  not  very  pleasing,  and  ought  certainly  to  be  re- 
jected unless  better  reasons  can  be  adduced  than  arise  from  the  ori- 
gin or  practice  of  it.  But  if  ancient  precedent  is  to  fix  the  matter, 
let  us  inquire  how  it  was  in  Athens  while  ancient  Greece  was  in  all 
her  glory  ?  The  liberty  of  the  citizen  was  so  precious  that  its  exer- 
cise could  be  suspended  by  the  law  alone.  He  could  not  engage  it 
for  debt  on  any  pretext  whatever. 

Let  us,  however,  endeavor  to  settle  this  question  on  principle, 
abstract  from  all  practice  and  custom  whatever. 

Debt,  then,  appears  to  be  the  child  of  credit.  What,  then,  are  the 
objects  which  have  influence  upon  or  from  which  credit  is  gener- 
ated ?  Not  liberty  and  personal  freedom  certainly,  for  in  that  case 
our  Indians  would  have  more  credit  than  any  people  we  know. 
Does  it  flow  from  accomplishments,  elegance  of  manners  or  personal 
beauty  ?  No  such  thing  is  known  in  men,  (female  beauty  excepted.) 
Property  and  personal  honor  will  be  considered  as  the  fullest  an- 
swer that  can  be  given  to  the  question.  But  honor  without  prop- 
erty is  will  without  power.  We  trust  a  man  not  because  we  know 
him  to  be  willing,  but  because  we  believe  him  to  be  able  to  pay. 
Original  traffic  proceeded  on  the  principle  of  benevolence  and  accom- 
modation. The  wants  of  one  were  supplied  by  the  superfluities  of 


MISCELLANEOUS.  347 

the  other,  and  both  were  obliged.  But  is  it  the  case  in  the  present 
mercantile  system  ?  Far  from  it.  Commerce  is  now  a  game  of 
abilities,  and  the  outwitted  dealer  is  often  the  best  man  of  the  two ; 
for  whether  it  is  that  the  benevolent  qualities  of  the  heart  impede 
the  activity  of  the  head,  or  from  whatever  cause,  it  is  a  common  re- 
mark that  the  best  men  are  generally  the  most  unluclsy  in  trade. 
Shall  then  the  loss  of  liberty  be  added  to  the  misfortunes  of  such  a 
one  ?  Certainly  no.  There  is  no  treating  a  subject  of  this  kind 
without  bringing  into  view  the  profession  of  the  law,  and  a  class  of 
men  of  whom  all  the  good  and  all  the  evil  that  could  be  imagined 
has  been  said  with  some  appearance  of  reason.  What  more  amiable 
than  the  man  of  legal  abilities,  exerting  his  utmost  powers  for  the 
protection  of  innocence  and  relief  of  distress  ?  What  more  detest- 
able than  the  wretch  who  glories  in  the  miseries  and  preys  upon  the 
distress  of  his  fellow  citizens  ?  You  behold  in  one  the  good  Samari- 
tan with  his  wine  and  oil.  In  the  other  the  Alpine  wolf  attacking 
the  distressed  wanderer,  depriving  him  of  life,  and  rending  his  car- 
cass in  pieces.  Here  we  find  the  fabled  figure  realized,  where  the 
superior  parts  are  adorned  with  all  the  charms  and  attractions  of 
female  beauty,  but  the  inferior  end  in  the  fins  of  a  filthy  fish  or  the 
claws  of  a  griping  lobster. 

Having  said  so  much  on  the  character  of  the  bar,  it  will  be  super- 
fluous to  add  that  they  are  divided  on  this  question.  While  some 
reprobate  the  measure  in  the  strongest  terms,  others  support  it  and 
blush  not  to  declare  that  the  confined  client  always  gives  the  most 
generous  fees.  "  Skin  for  skin — all  that  a  man  hath  wrill  he  give  for 
life."  Liberty  is  the  soul  of  life.  Life  without  it  is  misery.  Gaols 
are  the  man  traps  of  the  hunters  of  the  law.  Once  shut  up,  the 
prisoner's  propert}"  is  sure  game.  He  regards  it  not.  Liberty  is 
his  only  wish,  and  all  his  substance  is  generally  cast  at  the  feet  of 
some  mighty  Nimrod  of  the  bar  to  procure  his  enlargement.  Thus 
while  some  chase  the  devoted  game  into  the  toils  of  the  law  and  the 
pitfall  of  a  gaol,  others  strip  them  completely  in  the  taking  out ;  and 
the  spoils  of  their  property,  instead  of  paying  their  creditors  or  sup- 
porting their  families,  fall  often, in  great* proportion,  into  the  hands 
of  those  who  have  hunted  them. 

NOTE. — In  the  year  1787,  when  a  bill  was  depending  in  Parliament 
for  the  relief  of  insolvent  debtors,  the  Chancellor  opposed  it  and 
said :  "  The  general  idea  that  humanity  requires  the  intervention  of 
the  legislature  between  the  debtor  and  the  creditor  is  a  false  no- 
tion, founded  in  error  and  dangerous  in  practice.  A  much  greater 
evil  than  the  loss  of  liberty  is  the  dissipation  and  corruption  that 


348  MISCELLANEOUS. 

prevail  in  our  prisons.  To  these  your  Lordships  had  better  direct 
your  attention  than  to  defrauding  the  creditor  of  the  chance  of  re- 
covering his  property  by  letting  loose  his  debtors,  and  taking  from 
him  the  very  hope  of  payment."  Lord  Campbell  observes  that  so 
blinded  was  he,  "the  chancellor,"  by  prejudice  as  not  to  see  that 
the  "  dissipation  and  corruption  "  of  which  he  complains  were  pro- 
duced by  the  very  power  of  imprisonment  which  he  defended. — Lord 
Campbell's  Lives  of  Lord  Chancellors,  vol.  7,  p.  96-7. 

In  1759  Dr.  Johnston  computed  the  number  of  imprisoned  debtors 
in  England  at  not  less  than  20,000 ;  and  asserted  that  one  in  four 
died  every  year  from  the  treatment  they  underwent.  He  afterwards 
admitted  that  he  had  found  reasons  to  question  the  accuracy  of  this 
calculation.  But  cases  were  proved  of  debtors  unable  to  pay  their 
fees,  who  were  locked  up  with  prisoners  suffering  from  small-pox, 
and  thus  destroyed.  Of  others  who  were  reduced  almost  to  skele- 
tons by  insufficient  food  ;  of  sick  women  who  were  left  without  beds, 
without  attendance,  and  without  proper  nourishment  until  they  died 
of  neglect ;  of  men  who  were  tortured  by  thumb  screws,  or  who  lin- 
gered in  slow  agony  under  irons  of  intolerable  weight. — Page  54%-4 
of  the  History  of  England  in  the  Eighteenth  Century,  by  Lecky. 

Imprisonment  for  mere  debt  was  not  abolished  in  Pennsylvania 
till  1842.  It  still  exists,  we  believe,  against  certain  classes  of  per- 
sons in  England. 


The  Alleged  Mecklenburg  Declaration  of  the  twentieth 
of  May,  seventeen  hundred  and  seventy-^  ve. 

That  whosoever  directly  or  indirectly  abetted,  or  in  any  way,  form, 
or  manner  countenanced  the  imchartered  and  dangerous  invasion  of 
our  rights,  as  claimed  by  Great  Britain,  is  an  enemy  to  this  coun- 
try, to  America,  and  to  the  inherent  and  inalienable  rights  of  man. 
That  we,  the  citizens  of  Mecklenburg  count}^  do  hereby  dissolve  the 
political  bands  which  have  connected  us  to  the  mother  country,  and 
hereby  absolve  ourselves  from  all  allegiance  to  the  British  crown, 
and  abjure  all  political  connection,  contract,  or  association  with  that 
nation,  who  have  wantonly  trampled  on  our  rights  and  liberties,  and 
inhumanly  shed  the  blood  of  American  patriots  at  Lexington. 

That  we  hereby  declare  ourselves  a  free  and  independent  people ; 
are  and  of  right  ought  to  be  a  sovereign  and  self-governing  associa- 
tion, under  the  control  of  no  power  other  than  that  of  God,  and  the 
general  government  of  Congress ;  to  the  maintenance  of  which  inde- 
pendence, we  solemnly  pledge  to  each  other  our  mutual  cooperation, 
our  lives,  our  fortunes,  and  our  most  sacred  honor,  &c.,  &c. 

(Signed)  ABRAHAM  ALEXANDER,  Chairman. 

JOHN  McNiTT  ALEXANDER,  Secretary. 

Resolution  submitted  by  Richard  Henry  Lee. 

The  resolution  submitted  by  Mr.  Lee  on  the  10th  of  June,  1776, 
in  conformity  to  the  resolution  from  Virginia,  was  :  That  these  col- 
onies are  and  of  right  ought  to  be  free  and  independent  States,  that 
they  are  absolved  from  all  allegiance  to  the  British  crown,  and  that 
all  political  connection  between  them  and  the  State  of  Great  Britain 
is  and  ought  to  be  totally  dissolved.* 

In  the  Declaration  of  Independence  Mr.  Jefferson  wrote  :  When, 
in  the  course  of  human  events,  it  becomes  necessary  for  one  people 
to  dissolve  the  political  bands  which  have  connected  them  with 
another,  &c.  We  hold  these  truths  to  be  self-evident — that  all  men 
are  created  equal ;  that  they  are  endowed  by  their  Creator  with  certain 
inalienable  rights,  that  among  these  are  life,  liberty,  and  the  pursuit 
of  happiness,  &c.;  and  concluding,  that  these  colonies  solemnly  pub- 
lish and  declare,  That  these  united  colonies  "  are  and  of  right  ought 
to  be  free  and  independent  States  "  "  that  they  are  absolved  from 
all  allegiance  to  the  British  crown,'1'1  and  that  "  all  political  connec- 
tion between  them  and  the  State  of  Great  Britain  is  and  ought  to  be 

*The  words  italicized  in  the  above  are  in  the  Mecklenburg  declaration. 

(349) 


350  MISCELLANEOUS. 

totally  dissolved,"  and  that  as  free  and  independent  States  they  have 
full  power  to  levy  war,  conclude  peace,  contract  alliances,  establish 
commerce,  and  do  all  other  acts  and  things  which  independent  States 
may  of  right  do.  And  for  the  support  of  this  declaration,  with  a 
firm  reliance  on  the  protection  of  Divine  Providence,  we  mutually 
pledge  to  each  other  our  lives,  our  fortunes,  and  our  sacred  honor. 

The  words  between  quotation  marks  are  in  the  resolution  offered 
by  Mr.  Lee.  The  only  other  expressions  used  by  Mr.  Jefferson  and 
which  are  in  the  alleged  Mecklenburg  declaration,  are  "  inalienable 
rights,"  "  political  bands  which  have  connected,"  and  u  our  lives, 
our  fortunes,  and  our  sacred  honor." 

It  would  seem  that  the  Mecklenburg  declarations,  if  they  existed, 
had  been  seen  in  Virginia  before  the  Virginia  resolution  was  adopted ; 
and  they  may  have  been  also  seen  by  Mr.  Jefferson  without  his  spe- 
cial recollection  where  he  had  seen  them. 

For  the  resolution  adopted  in  Virginia  on  15th  of  May,  17T6,  see 
antea,  page  333. 

NOTE.— The  words  in  italics  are  in  the  Mecklenburg  declaration  of  20th 
May,  1775,  if  it  existed. 


Declaration  of  Independence  of  the  United  States, 
adopted  on  the  fourth  of  July,  1776. 

[NOTE.— The  words  italicized  in  this  copy  of  the  Declaration  are  in  the  al- 
leged Mecklenburg  Declaration  of  20th  May,  1775,  if  it  existed.] 

When,  in  the  course  of  human  events,  it  becomes  necessary  for  one 
people  to  dissolve  the  political  bands  which  have  connected  them  with 
another,  and  to  assume,  among  the  powers  of  the  earth,  the  separate 
and  equal  station  to  which  the  laws  of  nature  and  nature's  God  en- 
title them,  a  decent  respect  to  the  opinions  of  mankind  requires  that 
they  should  declare  the  causes  which  impel  them  to  the  separation. 

We  hold  these  truths  to  be  self-evident,  that  all  men  are  created 
equal ;  that  they  are  endowed  by  their  Creator  with  certain  inalien- 
able rights  ;  that  among  these  are  life,  liberty,  and  the  pursuit  of 
happiness.  That,  to  secure  these  rights,  governments  are  instituted 
among  men,  deriving  their  just  powers  from  the  consent  of  the  gov- 
erned ;  that,  whenever  any  form  of  Government  becomes  destructive 
of  these  ends,  it  is  the  right  of  the  people  to  alter  or  to  abolish  it, 
and  to  institute  a  new  Government,  laying  its  foundation  on  such 
principles,  and  organizing  its  powers  in  such  form,  as  to  them  shall 
seem  most  likely  to  effect  their  safety  and  happiness.  Prudence,  in- 
deed, will  dictate  that  Governments  long  established,  should  not  be 


MISCELLANEOUS.  351 

eha  nircd  for  light  and  transient  causes;  and  accordingly, all  experi- 
ence hath  shown,  that  man  kind  are  more  disposed  to  suffer,  while 
evils  are  sufferable,  than  to  right  themselves  by  abolishing  the  forms 
to  which  they  are  accustomed.  But,  when  a  long  train  of  abuses 
and  usurpations,  pursuing  invariably  the  same  object,  evinces  a  de- 
sign to  reduce  them  under  absolute  despotism,  it  is  their  right,  it  is 
their  duty,  to  throw  off  such  Government,  and  to  provide  new  guards 
for  their  future  security.  Such  has  been  the  patient  sufferance  of 
these  colonies,  and  such  is  now  the  necessity  which  constrains  them 
t<>  alter  their  former  systems  of  Government.  The  history  of  the 
present  King  of  Great  Britain  is  a  history  of  repeated  injuries  and 
usurpations,  all  having,  in  direct  object,  the  establishment  of  an  ab- 
solute tyranny  over  these  States.  To  prove  this,  let  facts  be  sub- 
mitted to  a  candid  world  : 

He  has  refused  his  assent  to  laws  the  most  wholesome  and  neces- 
sary for  the  public  good. 

He  has  forbidden  his  Governors  to  pass  laws  of  immediate  and 
pressing  importance,  unless  suspended  in  their  operation  till  his  as- 
sent should  be,  obtained  ;  and,  when  so  suspended,  he  has  utterly  ne- 
glected to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accommodation  of  large 
districts  of  people,  unless  those  people  would  relinquish  the  right  of 
representation  in  the  Legislature  ;  a  right  inestimable  to  them,  and 
formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual,  un- 
comfortable, and  distant  from  the  depository  of  their  public  records, 
for  the  sole  purpose  of  fatiguing  them  into  compliance  with  his 
measures. 

He  has  dissolved  representative  Houses  repeatedly,  for  opposing, 
with  manly  firmness,  his  invasions  on  the  rights  of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions,  to  cause 
others  to  be  elected ;  whereby  the  legislative  powers,  incapable  of 
annihilation,  have  returned  to  the  people  at  large  for  their  exercise ; 
the  State  remaining,  in  the  meantime,  exposed  to  all  the  danger  of 
invasion  from  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these  States  ;  for 
that  purpose,  obstructing  the  laws  for  naturalization  of  foreigners  ; 
refusing  to  pass  others  to  encourage  their  migration  hither,  and 
raising  the  conditions  of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing  his 
assent  to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone,  for  the  tenure  of 
their  office,  and  the  amount  and  payment  of  their  salaries. 


352  MISCELLANEOUS. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither  swarms 
of  officers  to  harass  our  people,  and  eat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies,  without 
the  consent  of  our  Legislature. 

He  has  affected  to  render  the  military  independent  of,  and  su- 
perior to,  the  civil  power. 

He  has  combined,  with  others,  to  subject  us  to  a  jurisdiction  for- 
eign to  our  Constitution,  and  unacknowledged  by  our  laws  ;  giving 
his  assent  to  their  acts  of  pretended  legislation : 

For  quartering  large  bodies  of  armed  troops  among  us. 

For  protecting  them,  by  a  mock  trial,  from  punishment,  for  any 
murders  which  they  should  commit  on  the  inhabitants  of  these 
States. 

For  cutting  off  our  trade  with  all  parts  of  the  world. 

For  imposing  taxes  on  us  without  our  consent. 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial  by  jury. 

For  transporting  us  beyond  seas  to  be  tried  for  pretended  of- 
fenses. 

For  abolishing  the  free  system  of  English  laws  in  a  neighboring 
province,  establishing  therein  an  arbitrary  Government,  and  enlarg- 
ing its  boundaries,  so  as  to  render  it  at  once  an  example  and  fit  in- 
strument for  introducing  the  same  absolute  rule  into  these  colonies. 

For  taking  away  our  charters,  abolishing  our  most  valuable  laws, 
and  altering,  fundamentally,  the  powers  of  our  Governments. 

For  suspending  our  own  Legislatures,  and  declaring  themselves 
invested  with  power  to  legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  Government  here,  by  declaring  us  out  of  his 
protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  oar  coast,  burnt  our  towns, 
and  destroyed  the  lives  of  our  people. 

He  is  at  this  time  transporting  large  armies  of  foreign  mercena- 
ries to  complete  the  works  of  death,  desolation  and  tyranny,  already 
begun,  with  circumstances  of  cruelty  and  perfidy  scarcely  paralleled 
in  the  most  barbarous  ages,  and  totally  unworthy  the  head  of  a  civ- 
ilized nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on  the  high 
seas,  to  bear  arms  against  their  country,  to  become  the  executioners 
of  their  friends  and  brethren,  or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  among  us,  and  has  endeav- 
ored to  bring  on  the  inhabitants  of  our  frontiers  the  merciless  In- 
dian savages,  whose  known  rule  of  warfare  is  an  undistinguished 
destruction  of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petitioned  for  re- 


MISCELLANEOUS.  353 

dress,  in  the  most  humble  terms ;  our  repeated  petitions  have  been 
answered  only  by  repeated  injury.  A  prince,  whose  character  is 
thus  marked  by  every  act  which  may  define  a  tyrant,  is  unfit  to  be 
the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attention  to  our  British  brethren. 
We  have  warned  them,  from  time  to  time,  of  attempts  made  by  their 
Legislature  to  extend  an  unwarrantable  jurisdiction  over  us.  We 
have  reminded  them  of  the  circumstances  of  our  emigration  and  set- 
tlement here.  We  have  appealed  to  their  native  justice  and  mag- 
nanimity, and  we  have  conjured  them,  by  the  ties  of  our  common 
kindred,  to  disavow  these  usurpations,  which  would  inevitably  in- 
terrupt our  connections  and  correspondence.  They,  too,  have  been 
deaf  to  the  voice  of  justice  and  consanguinity.  We  must,  therefore, 
acquiesce  in  the  necessity  which  denounces  our  separation,  and  hold 
them,  as  we  hold  the  rest  of  mankind,  enemies  in  war,  in  peace, 
friends. 

We,  therefore,  the  representatives  of  the  UNITED  STATES  OF 
AMERICA,  in  GENERAL  CONGRESS  assembled,  appealing  to 
the  Supreme  Judge  of  the  world  for  the  rectitude  of  our  intentions, 
do,  in  the  name  and  by  the  authority  of  the  good  people  of  these 
colonies,  solemnly  publish  and  declare,  That  these  United  Colonies 
are  and  of  right  ought  to  be  FREE  AND  INDEPENDENT  STATES  ;  that 
they  are  absolved  from  all  allegiance  to  the  British  crown,  and  that 
all  political  connection  between  them  and  the  State  of  Great  Britain 
is,  and  ought  to  be,  totally  dissolved  ;  and  that,  as  FREE  AND  IN- 
DEPENDENT STATES,  they  have  full  power  to  levy  war,  con- 
clude peace,  contract  alliances,  establish  commerce,  and  to  do  all 
other  acts  and  things  which  INDEPENDENT  STATES  may  of 
right  do.  And,  for  the  support  of  this  declaration,  with  a  firm  re- 
liance on  the  proteqtion  of  Divine  Providence,  we  mutually  pledge 
to  each  other ,  our  lives,  our  fortunes,  and  our  sacred  honor. 


23 


INDEX 


Page. 

Names  of  members  and  classification 1,2 

Inauguration  of  Mr.  Adams  as  Vice  President, 2,4 

Communication  between  the  Houses, 4 

Resolution  and  debates  relative  to  titles,  .  5,6,9,38,39,40,41,42,46,47,48,49,50 

Grayson  as  to  titles,  71 

Letter  of  Mr.  Maclay  to  Judge  Peters, 7,8 

Speech  of  Mr.  Adams  to  the  Senate, 10 

As  to  importations, 11 

Visit  by -Washington  to  Mr.  Maclay, 12 

Relative  to  the  manners  of  members  from  different  sections, 12,13 

As  to  the  inauguration,  ....  14 

The  inauguration  and  address  of  the  President,  16,17,20 

Debate  as  to  gracious  speech,  .  .  . 20 

Interview  with  General  St.  Glair  as  to  intercourse  with  the  President, 

&c.,  22 

Letters  of  Mr.  Hamilton  on  the  same  subject, 23 

Letter  of  the  President  to  Mr.  Adams  and  reply, 25,29 

As  to  oaths,  29,32 

Enacting  clause  of  acts,  30,89,151 

Communication  between  the  Houses,  32,36 

Answer  to  the  speech  of  the  President, .  .  36,51 

The  President  at  the  theatre,  43,44 

As  to  signing  address  to  the  President, 51,52 

Delivery  of  it,  and  reply, 53,54 

Levee, 54,74 

Salary  of  the  President  and  Vice  President, 58 

The  import  bill,  55,59,60 

Loaf  sugar,  65 

Mr.  Morris  on  the  tariff, .  71,72 

Mr.  Butler  as  to  the  impost  law, 75,76 

As  to  dissolution, 77 

Mrs.  Morris,  77 

Mr.  Maclay 's  remark  as  to  views  of  members  as  to  the  impost  bill,  .  .  77 

Discriminations  as  to  nations  in  and  out  of  treaty  connection,  ....  81 

As  to  balloting,  or  voting  viva  voce,  on  nominations, 81 

The  judiciary  bill  and  chancery,  86,90,94,95,  &c'. 

Seat  of  government  at  Ilarrisburg, 89 

Department  of  Foreign  A  Hairs,  104  to  113 

The  triangle  in  Erie  county,  11(5, 117 

The  President  in  the  Senate  chamber  relative  to  treaties  with  Southern  ' 

Indians,  .  .  122t<.ny> 

The  permanent  residence,  .  .126,135,136,144 

And  till  end  of  the  session, 193 


356  INDEX. 

Page. 

Dinner  with  the  President, 129 

Ice  cream  in  1789,     129 

The  compensation  or  salary  bill, 131,  &c. 

Dr.  Elmer, 136,330 

Salaries  of  judges, 143 

Relative  to  the  name  of  the  President  in  Federal  writs,     ...       ...         151 

Whether  the  President  was  subject  to  process, 152 

SECOND  SESSION. 

The  President's  speech  and  answer  to  it, 156,157 

Dinner  with  the  President, 157,158 

Speculation  in  certificates, 158 

Whether  bills  shall  be  taken  up  de  novo,  or  as  left  at  the  last  session,  158,159 

161,162,163 

The  funding  system  or  bill,     165,219,225 

Falls  of  Niagara,  165,166 

The  permanent  residence,  166,  <fcc.,  209,215,217,220 

The  Abolition  Society, 169 

Mr.  Madison, 172 

The  naturalization  bill, 175,179,181 

The  assumption  bill, 175,176,  &c.,  193,194,201,202 

Purchasing  unimproved  lands  in  Pennsylvania,    .   .  178,180 

Description  of  the  country  in  the  interior  of  Pennsylvania, 182 

Honorable  struck  out  before  names  of  Senators, 187 

Pay  and  mileage  of  Senators, 190 

Military  establishment, 195,198 

Dr.  Franklin,  199 

Resolution  for  opening  the  doors  of  the  Senate, 201 

Mount  Vernon,  ...  ... 202 

Salaries  of  ministers,  &c.,  abroad,      204,233 

Senator  who  has  set  up  a  coach,     204 

Resolution  against  Rhode  Island.    The  Sons  of  Tammany, 205,206 

Pennsylvania  accounts  against  the  United  States, 207 

Illness  of  the  President, 207 

Arrears  of  pay  to  troops,          210 

Jefferson's  appearance  and  conversation, 212,295 

Baron  Steuben, 212,214,219 

Expense  of  intercourse  with  foreign  nations,      215 

George  Logan, 219 

Messrs.  Lee,  Ellsworth,  Paterson,  and  Mr.  Maclay  himself,  .    .         224 

Interview  between  Mr.  Morris  and  Mr.  Hamilton  as  to  the  residence 

and  assumption,  .    .  226 

The  permanent  and  temporary  residence, 227,234 

The  bill  passed,     239 

The  funding  bill, 228,229,230 

Consuls  and  vice  consuls,      229 

West  Point,  236 

Dinner  by  the  Pennsylvania  delegation,  and  relative  to  Messrs.  Ham- 
ilton, Jefferson,  and  General  Knox, 

THIRD  SESSION  AT  PHILADELPHIA. 

The  President's  speech,  265 

Relative  to  the  war  against  the  Wabash  Indians, 265 


INDEX.  357 

Page. 

As  to  nobility,  or  titles, 265,266 

General  Harmon  and  General  St.  Glair's  expeditions,  and  General  St. 

('lair  and  General  Ogle,  266,267 

National  Bank,  270,280,281 

As  to  Mr.  Maclay's  memoranda, 273 

As  i<>  captives  at  Algiers,  and  war  with  Algiers, 276,283,288,300 

Mr.  Ellsworth,  ...  278 

Dinner  with  the  President,  282 

Appearance  of  the  President,  233 

The  ten  miles  square,  285,294 

Judge  Bryan,  287 

The  excise  bill,  289,290,291 

As  to  the  opossum 292 

As  to  the  General  Government  and  the  States,  292,293 

The  subject  of  instructions  and  open  doors  of  Senate, 296 

Our  relations  with  and  obligations  to  France,  and  interested  views  in 

nations, 298,299 

The  mint,  301 

End  of  the  session  and  of  Mr.  Maclay's  term, 303 

APPENDIX. 

Notice  of  Washington, 305,&c. 

Vice  President  Adams, 313 

Mr.  Jefferson, 316 

Mr.  Hamilton, 318 

Proposition  as  to  treason, 321 

Aaron  Burr, 322 

Robert  Morris, 323 

Other  members  of  the  Senate, 327  to  337 

Miscellaneous,  relative  to  Samuel  Adams,  Mr.  Madison,  General  Knox, 

General  Lincoln,  and  Chief  Justice  Jay, 338  to  343 

As  to  dress,  ...  343 

The  preamble  to  the  Constitution,  and  various  constitutional  provi- 
sions,    343,344,345 

Essay  by  William  Maclay  as  to  imprisonment  for  debt,     345 

The  alleged  Mecklenburg  declaration  on  20th  May,  1775, 349 

Resolution  in  Virginia  in  May,  1776,  as  to  independence, 334 

Resolution  submitted  by  Mr.  Lee  on  10th  of  June,  1776, 334 

As  to  this  resolution  see  notice  of  Mr.  Lee  on  page  333,  and  of  Robert 

Morris,  .    .  ....  323 

The  Declaration  of  Independence  in  July,  1776, 350 


For  an  account  of  Tammany,  see  Harper's  Magazine  of  April  and  May,  1872, 
where  are  photographs  of  distinguished  political  characters,  viz:  of  Aaron 
Burr,  Morgan  Lewis,  George  Clinton,  DeWitt  Clinton,  Daniel  D.  Tompkins, 
Martin  Van  Buren,  Silas  Wright,  William  L.  Marcy,  A.  Oakey  Hall,  Richard 
B.  Connolly,  William  M.  Tweed,  Peter  B.  Sweeny,  and  Fernando  Wood. 


14  DAY 

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